


COMMONWEALTH OF PENNSYLVANIA 



DIGEST 



Game, Fish and Forestry Laws 



This pamphlet is published but once in two years, a single edition being 
printed and that edition is limited in numbers by the Joint Resolu- 
tion of the Senate and House directing its publication. 



EDITED BY DR. JOSEPH KALBFUS 

Secretary of the Game Commission. 



1917 




HARRISBURG, PA.: 

WM. STANLEY KAY. STATE I'KIXTEK. 
1917 



.^fl 




Pass t )K4-fr/ 
Book AL 

\V1 



L 



COMMONWEALTH OF PENNSYLVANIA 

DIGEST 

OF THE 



Game, Fish and Forestry Laws 



This pamphlet is published hut once in two years, a single edition beinff 
printed and that edition is limited in numbers by the Joint Resolu- 
tion of the Senate and House directing its publication. 



EDITED BY DR. JOSEPH KALBFUS 

Secretary of the Gmme Commission 



1917 



HARRISBURG, PA.: 

WM. STANLEY RAY, STATE PRINTER 
1917. 



DIVISION i. Page u. 1 ^ ) 7 



Contains laws or parts of laws treating of Game, of Song and 
Insectivorous Birds. 

DIVISION 2. Page 147. 
Contains laws or parts of laws treating of Fish only. 

DIVISION 3. Page 254. 

Contains laws pertaining to Forestry. 

A collection of Leading Decisions relative to Game and Fish 
Law is printed, beginning on page 229. 

The Game Commission is entrusted with the care of Game and 
Wild Birds. 

The Department of B'isheries is charged with the protection of 
Fishes . 

The Forestry Department has control of Forestry. 

The work of each is separate and distinct.. 

A summary of the laws bearing upon these subjects and separate 
index is attached. 

Please read the letter beginning on page 5. 

d; of d. 

OCT 27 1917 

(2) 



-\ 



A JOINT RESOLUTION ■> 

Directing the publication of the pamphlet containing the Game, 
Fish, and Forestry laws. 

Whereas, By reason of the great demand by the 
people of this Commouwealth for the pamphlet con- Preamble, 
taining the Game, the Fish, and the Forestry laws of 
this Commonwealth, the many proposed changes of the 
same nnd additions thereto, and that the people of the 
State be given the opportunity to become acquainted 
with these laws as quickly as possible after their en- 
actment : therefore: — 

Section 1. Be it resolved (if the Senate concur), 
That the Secretary of the Board of Game Commis- 
sioners of the Commonwealth be and is hereby di- 
rected to prepare the data, and as soon as possible 
after the close of its session present the same to the 
Superintendent of Public Printing, who shall, at the 
expense of the State, one-third thereof to be paid out 
of the Resident Hunters' License Fund, have publish- 
ed in pamphlet form one hundred thousand (100,000) 
copies of said laws, together with such letter of in- 
struction or explanation by those entrusted with the 
care of our game, our forest, and our fish as may 
seem necessary ; these pamphlets to be placed by the 
Division of Distribution of Documents in numbers as Distribution 
provided by law. 

Approved— The 11th day of July, A. D. 1917. 

MARTIN G. BRUMBAUGH. 



Game, Fish, 
and Forestry 
Laws. 



£ 



(4) 



LETTER OF TRANSMITTAL. 



In the minds of those who have to do with the forestry, the 
fish and the game interest of this Commonwealth, those that 
have given these subjects careful and thoughtful study, each of 
them in itself seems to occupy such a place in the makeup of the 
individual life of so many people and are jointly so interwoven 
with each other and the general prosperity of our State, as to 
make even their prospective loss appear in the light of a calamity ; 
a condition that if once established will be extremely hard, if not 
impossible, to overcome, and that will bring serious, very serious, 
results in its train. 

It has long since been determined that growing timber, forest, 
shade and fruit trees were absolutely necessary to the healthful 
enjoyment of this life. That the product of growing timber is 
absolutely necessary to the success of mechanical pursuits. That 
upon the preservation or reproduction of our forests depends our 
continuous water supply, our protection from drought, as well as 
our defense against excessive floods. 

It is desired to call particular attention to two statutes re- 
lating to forests and forestry. The first is the municipal forest 
law, which permits municipalities to purchase forest land for the 
purpose of revenue, using the returns for such municipal pur- 
poses as may be necessary ; and the other is the forest fire 
wardens net, oompletelv chancing the system of fire fighting in 
this Commonwealth. These acts will be found at rages 285 and 310. 

Forests aside from their other uses are absolutely necessary to 
the well-being of the greater part of our game and wild bird life. 
In the forests these creatures find permanent homes, and tem- 
porary shelter from storms and from their enemies. The forest 
supplies a varied and frequently ample food supply that can 
be secured from no other source. It is therefore important that 
everybody, and especially sportsmen, and lovers of our wild life, 
should see to it that our forests are protected and preserved. 
Forest fires should be especially guarded against. What is the 
use of planting trees, or of protecting for a period those tre^s that 
may spring up naturally and then stand idly by and see those 
same trees destroyed by fires. The Department of Forestry, no 
matter how willing or energetic they may be. find it impossible 
to do everything ; they beg of you to help them to keep down 
forest fires, everywhere in the Commonwealth 

(5) 



6 GAME, FISH AND FORESTRY LAWS. 

How much better it would have been for this Commonwealth 
had the subject of forestry, with all that word covers, been in- 
telligently considered and acted upon fifty years ago instead of 
to-day . 

How much better it would have been had the people of this 
Common wealth and of this Nation, endorsed the idea of game, 
and wild bird preservation, and of fish protection and propagation, 
fifty years ago instead of at this time. 

It has been said that the benefit derived by a day afield with 
rod, or gun, by the tired, or worn out, indoor worker, is some- 
thing that cannot be correctly expressed m words or figures. 
Physical exercise and forgetfulness of daily worry and business 
care bring their reward in return of health, and there is no in- 
centive in this direction that begins to take the place of the 
pursuit of game or fish. Any one who ever hooked a two pound 
bass, or used an artificial fly, can realize what total forgetful- 
ness of business cares means ; how from the moment the strike 
was made the circulation quickened and all thought of the World 
outside was forgotten, until that fish was landed; how in anticipa- 
tion of a strike every cast of the fly took his whole attention. 
No one can forget the flushing of that wild turkey or of that 
pheasant, or of that covey of quail, or how bunny sprang out 
most unexpectedly and how in absolute forgetfulness of all beside, 
he took that needed and continued exercise in their pursuit, that 
nothing besides would have caused him to take, and how in rest- 
ful oblivion he passed the night without even a dream of business 
cares . 

The Department of Health was created for the purpose of 
conserving the health of our people. Sanitariums are everywhere 
being erected and maintained, in the hope of curing those who 
are ailing. Our idea is to make an open park of all the wild 
lands of this Commonwealth, a place in which our people of all 
classes can find pleasure and maintain their strength, where the 
well and strong can enjoy an outing that will keep them well 
and make them stronger ; where those who are starting on the 
road to shattered nerves, and inability to meet the demands they 
are called upon to face, can strengthen their hold on all those 
things that fit men the better to meet the requirements of their 
everyday battle with the World. 

The presence of game or fish is a lure to strenuous outdoor 
exercise, that means better health to those who hunt or fish, 
and therefore better citizenship. To us, hunting or the pur- 
suit of game does not appear simply in the light of recreation, 
or pleasure, nor does it appear as a waste of time; but instead 
is in everv sense of the word a National necessity. 

The ability acquired by young America in the pursuit of game, 
in the handling of the gun, in taking care of himself in the field, 
or in the forests, or on the water, has made it possible for our 



GAME, FISH AND FORESTRY LAWS. 7 

Volunteers to become with limited discipline and drill the equal 
of any Regular on the face of the Earth. I cite as illustration the 
work done by riflemen during the war of the Revolution, by 
Jackson's men at New Orleans, the efficiency of our own Penn- 
sylvania Bucktails during the late Civil War, the work of the 
Boer with the gun in South Africa, where 1,000 men, who knew 
how to shoot and to shift for themselves, appeared to be. the 
equal of many thousands of men who did not posses that ability. 
Under our system of Government and present condition the 
efficient volunteer is our bulwark of defense in the time of War, 
and this State owes it to itself, for this reason, if for no other, 
to supply its young men with the incentive to this training in the 
shape of game, without which they cannot and will not be fitted 
to meet the demands made upon them. Wo had in Pennsylvania 
last fall more than 8,000 men who camped on State land and 
who hunted for large game with rifles. 

We had that many more men who hunted on State lands, with- 
out camping, and the total of those hunting on State lands was 
not more than one-half of those who hunted with rifles in this 
State last fall, together making an army of at least 40,000 rifle- 
men. 

During the season for 1913 there were 305,028 hunter's licenses 
taken in Pennsylvania. During the season of 1914 there were 
about 300,000 hunter's licenses taken. 

During the open season of 1915. 202, 355 licenses were taken. 
Last year we had 290,422 who paid the license to hunt in Penn- 
sylvania . 

We believe that the farmers of this State together with their ten- 
ants and the families of such farmers and tenants, who may hunt 
under the provisions of law without securing a hunter's license, 
joined to those who hunted without a license in violation of law, 
will make fully an hundred thousand hunters, and these joined to 
the three hundred thousand who secured a license will make fully 
four hundred thousand hunters in this State last year. Statistics 
collected from the hunting field of this State last fall indicate that 
at least 1,800 deer, 435 bear, 3,000,000 rabbits, 300,000 squirrels, 
16,000 raccoons, 5,000 wild turkeys, 22,000 woodcock, 20,000 quail, 
200,000 ruffed grouse, 1,500 pheasants, and 22,000 wild waterfowl, 
besides other game, were killed in this State, making jointly a fair 
return in the matter of food supply to those who went hunting, and 
this entirely outside the benefit secured through recreation, the 
training in the use of guns and in camping, the increased knowledge 
regarding the topography of the State, her towns, her cities, her 
improvements, her railroads, her mineral wealth,. her water ways, 
her flora and her fauna, that would not have been secured in any 
other way. To fully appreciate our Commonwealth our people must 
know her. 



8 GAME, FISH AND FORESTRY LAWS. 

We believe it conservative to fix ten dollars as the average ex- 
penditure to each man that went hunting; this includes time, wear 
and tare and actual cash expended ; 400,000 times $10.00 means $4,- 
000,000 expended in an effort to destroy our game of various kinds. 
The appropriation made to the use of the Game Commission to 
replenish and return game to our covers for the last two years was 
$303,000, and I call attention to the fact that it is just as hard to- 
day "to make good brick without straw" as it was in the olden time . 
We who are trying to do the work realize that without the help 
of the people, the utmost effort of the Game Commission, or of 
the Department of Forestry, or of the Department of Fisheries, 
must be futile. I call the attention of those who do not hunt to the 
fact that under the law they are joint owners in the forests and 
fish and game and birds of this Commonwealth, and beg of them 
to help conserve these things before it is too late . 

There is another side to the work of the Game Commission beside 
the creation of game, with all that indicates, and one that means 
much more to the Nation, to the State and to you, and that is the 
work pertaining to the preservation of wild birds other than game 
birds, the value of whose life work is far greater than anvthing 
that can possibly come through the presence of any quantity of 
game. 

It is estimated by the Agricultural Department at Washington 
that through the ravages of insects an annual loss to agriculture 
in the United States is incurred, equalling, if not exceeding, ten 
per cent, of the entire production. 

Professor Forbush estimates the loss from this cause in Massa- 
chusetts at fifteen per cent. 

A loss of but ten per cent, means a loss of more than one billion 
dollars ($1,000,000,000.00) to the farmers of the United States last 
year, and this loss is entirely outside of the cost of machinery, poi- 
sons, labor, etc., used in attempting to curb these pests. 

It is claimed that we have 600 colleges and universities in the 
United States, the value of which, including buildings and endow- 
ments, exceeds $500,000,000.00. The loss to agriculture in the 
United States through the ravages of insects in a single year would 
replace these buildings and their endowments were the;* - from any 
cause destroyed, and leave unexpended a balance of $500,000,000.00, 
a sum sufficient to create and endow in like amount 600 additional 
colleges and universities. 

It is estimated that we have 30,000,000 school children in the 
United States, and there is no doubt whatever but that the cost of 
educating these children is one of the heaviest demands made upon 
the reserve funds of this Nation. The loss to agriculture through 
the ravages of insects if saved would go a long way toward meeting 
this claim. 

For years past our Representatives at Washington have been 
spending much time in considering whether or not one battleship or 



GAME, FISH AND FORESTRY LAWS. » 

two should be built annually by the United States. A battleship 
costs about eight million dollars ($8,000,000.00). The loss to agri- 
culture because of insects in a single year would build annually one 
hundred battleships; and then some. 

The greatest of all engineering feats in the history of civilization, 
the Panama Canal, costs about $475,000,000.00, and that we may 
fully understand the magnitude of this undertaking let me say the 
excavation made in this work means a ditch 55 feet wide and 10 
feet deep, extending from New York to San Francisco. The dirt 
excavated if piled in form equal to the Chinese wall would create 
tin embankment 2,500 miles in length. The Chinese wall is about 
1,500 miles long. The material excavated in this undertaking if 
placed in piles equal in every way to the pyramids of Egypt would 
create sixty (60) such pyramids, that if placed side by side would 
extend more than nine miles. The pyramids of Egypt, as you 
know, are but three in number, and the work of their construction 
is considered to be one of the wonders of the world. The loss to 
agriculture annually from the ravages of insects in the United 
States is more than double the cost of the stupendous work done in 
creating this canal . 

I might mention the loss incurred through the Chicago fire, or the 
tidal wave at Galveston, or the loss of the Titanic, each of which 
occurrences in itself cause the great heart of the world to stand 
still in sympathetic fear. No one of these occurrences singly or 
joined together begin to measure either in the sacrifice of human 
lives or financially with the possibility of destruction by insects to 
be followed by famine and pestilence. Yet, ordinary men take no 
interest in this matter. 

Only a short time ago the farmers of this Nation were shocked 
as never before by the simple mention of harm that might come to 
them through a new political proposition knowa as "Reciprocity." 
The annual loss actually incurred through the ravages of insects ex- 
ceeds by far any possible loss that might come through or because 
of this proposed legislation, yet, because of what they feared 
might happen if the new regulations were indorsed, men aban- 
doned the tenets of their fathers, and, for the time being at least, 
severed life-long friendships and political affiliations. 

Regarding undoubted and positive loss through the presence of 
insects, these same men stand with folded hands and do nothing. 
We are indeed a strange people. But, I believe I have said enough 
to cause you who may read this article to consider the subject, and 
you are no doubt already wondering why it is, if what I have said 
be only partly true, that we can live upon this earth at all; why it 
is that vegetation has not been long ago destroyed, and the answer 
comes: — 

That because of climatic conditions, diseases, starvation, insect 
enemies, poisons and birds, this vast army of destroying agents is 



10 GAME, FISH AND FORESTRY LAWS. 

decimated and held in check, and no one questions the claim that the 
birds are a mighty factor in this direction. 

Zoologists tell us most young birds while in the nest are fed 
upon insect life, and that each one daily consumes an amount of 
animal food in the shape of insects equal to its own weight . Say 
there is but a single nest to the acre in this State, and that each 
nest contains four young birds weighing one ounce each, or four 
ounces to the nest, one pound to four acres, one ton to eight thou- 
sand acres, it would require 3,600 tons of insects to feed our birds 
one day, because we have in round numbers in this State 28,- 
800,000 acres of land. 

Surely the life work of birds means something to each one of us. 

Some one has defined Ornithology to be the study of birds from 
the standpoint of dollars and cents, and it matters not whether 
the birds be classed as a game bird, a song bird or an insectivorous 
bird, its value living far exceeds its value dead. 

Consider the worth of fish and fishing, the pleasure, experience, 
recreation, with consequent better health and improved ability to 
meet the demands made by the family or State and in addition the 
cash value of the many tons of fish taken. 

Under the Constitution of Pennsylvania, there can be no special 
or sectional legislation. Our laws must as nearly as possible be 
drawn to meet the necessities of the entire State and of every 
part thereof, and to this end the Legislature has directed its labors . 

This book contains a compilation of the laws of this Common- 
wealth upon the subjects of forestry, fish and game; and it is the 
most earnest desire of those entrusted with the care of these sub- 
jects that every resident of this Commonwealth awake now to the 
realization of the fact that their individual help is needed to pro- 
tect these interests. No one, it seems to us, has attained position 
in this State that places him above having a personal interest in 
these matters and no one occupies a position so lowly that his in- 
fluence cannot be of value . Every community should have an organ- 
ization for forestry, fish and game protection, and we hope the 
laws contained in this little book will be read and re-read, not by 
hunters and fishermen only, but by every individaul in the State 
who has her interests truly at heart, who, if they will but one 
moment think upon these subjects, cannot fail to recognize that 
every step taken for the protection of our forests, our fish and our 
game and our wild birds other than game birds, is a step in the 
right direction and one that cannot fail to be of benefit to the Com- 
monwealth . 

It is impossible to secure laws that in all respects suit everybody. 
We believe the acts contained in this book are fair and reasonable 
and just in most respects, and are worthy of the highest regard 
and entitled to the full support of all law-abiding citizens. They 
were passed for the purpose of benefiting all the people of this 



GAME, FISH AND FORESTRY LAWS. 11 

Commonwealth. Neither of the Departments entrusted with the 
care of these subjects is powerful enough in itself to enforce the 
laws as they should be enforced. Neither of these Departments, 
without the help of the people, can secure results such as are de- 
sired. We need your individual support. We want that help. 
We feel that we are working for your benefit and are entitled to 
that support. We beg of you to help yourself and your community 
by aiding us in this work. 

Individual effort in behalf of these subjects is well enough, and 
much good has already and will hereafter result from such efforts. 
Organization for the purpose of advancing these interests is still 
better. We would like to see an organization for one or all of 
these purposes combined in every community of this Common- 
wealth . 

Respectfully yours, 

JOSEPH KALBFUS, 

Secretary of the Game Commission 



GAME, FISH AND FORESTRY LAWS 



DIVISION 1 

CONTAINING LAWS OR PARTS OF LAWS 
TREATING OF GAME, OF SONG, AND IN- 
SECTIVOROUS BIRDS. 



J me 25 
1895, P. 
273. 



Appo'ntment 
of Boarl oi 
Game Com- 
missioners, 
authorized. 



Terms of 
first ap- 
pointees. 



Vacancy, 
how 'filled. 



AN ACT 

To provide for the appointment of Game Commis- 
sioners for the Commonwealth of Pennsylvania, de- 
fining their duties and empowering them to appoint 
Game Protectors. 

Section 1. Be it enacted, &c, That the Governor 
of the Commonwealth is hereby authorized and re- 
quired to appoint, subject to the approval of the 
Senate, six competent citizens of this State to be 
and act as a Board of Game Commissioners, no two 
of whom shall be from the same Senatorial district, 
and shall, upon said appointment, designate which 
two of said persons shall receive and hold office dur- 
ing the term of one year, which two of said persons 
shall receive and hold office during the term of two 
years, and which two of said persons shall receive and 
hold office for the term of three years. 

Upon the death, resignation or removal from office 
of any persons so appointed as aforesaid, the Gover- 
nor shall appoint a competent person to serve for 
the unexpired term of the person so dying, resigning 
or removed, subject to the approval of the Senate at 
its next meeting, if such meeting shall be before the 
expiration of the term of office of such appointee. 

Upon the expiration of the term of the officers so 
appointed and designated under the provisions of this 
act, their successor shall be appointed in manner afore- 



(12) 



GAME, FISH AND FORESTRY LAWS 



13 



said for the term of three years so that there shall not 
be more than two vacancies at any one time in such 
commission, and the term of two commissioners shall 
expire thereafter each year. The commissioners shall 
receive no compensation for their services. 

Section 2. The Board of Game Commissioners shall 
have an office in the Capitol, at Harrisburg, Penn- 
sylvania, and shall hold meetings at such office on the 
first Thursday of January and July, and at such 
other times and places within the State as the com- 
missioners shall appoint for the transaction of busi- 
ness. It shall be the duty of said Board to protect and 
preserve the game, song and insectivorous birds and 
mammals of the State, and to enforce, by proper ac- 
tions and proceedings, the laws of this Commonwealth 
relating to the same. It shall be the duty of said 
Board to collect, classify and preserve all such sta- 
tistics, data and information as, in their judgment, 
will tend to promote the objects of this act, to take 
charge of and keep all reports, books, papers and doc- 
uments which shall, in the discharge of their duties 
hereunder, come into their possession or under their 
control . 

It shall be the duty of said Board, on or before th* 
first Monday in December of each year, to prepare and 
present to the Governor of this State an annual re- 
port, showing what has been done by them during the 
current year, the amount received by them, and from 
what sources, and the amount expended by them, and 
for what purposes, with such recommendations for leg- 
islative action, if any, as the said board may deem 
wise for the better accomplishment of this act. The 
Governor shall lay said reports before the Legislatures 
convening next after their receipt. 

Section 3, as amended by the Act of April 22nd, 1915, 
P. L. 168. 

Section 3, as amended by the Act of April 22nd, 1915, 
have the power and authority to appoint sixty (60) 
competent men, whose powers and duties are herein- 
after defined, and who shall be known as Game Pro- 
tectors. The said Board shall, from time to time, 
designate one of such Protectors as Chief Protector, 
who shall remain such during the pleasure of the 
Board, and who shall have the direction, supervision, 



Full term 
shall be 
three years. 

No compen- 
sation for 
services. 

Ofice of 
Hoard. 

Meetings. 



Duties of 
Board Id 
protection of 
game. 



In collection 
of statistics. 



Keep re- 
ports, &c. 



Annual re- 
port to Gov- 
ernor. 



Contents of 
report. 

Governor 
shall present 
report to 
Legislature. 



Oftme Pro- 
tectors. 



14 



GAME, FISH AND FORESTRY LAWS 



Chief Game 
Protector 
shall be 
Secretary of 
the Board. 



Annual re- 
port and 
bulletins. 

Protectors 
shall hold 
office at 
pleasure of 
Board. 



Shall en- 
force game 
laws. 

Serve sub- 
poenas. 
Shall keep 
record of 
official acts 
&c, and re- 
port under 
oath. 

Chief Pro- 
tector shall 
report negli- 
gence on 
part of Pro- 
tectors. 
Shall make 
monthly re- 
port. 



and control of the other Protectors. The Chief Game 
Protector shall be Secretary to the Board of Game 
Commissioners, and shall occupy as his permanent 
headquarters the room assigned to the Game Commis- 
sioners at the Capitol, at Harrisburg. Said Secre- 
tary shall have authority to have printed, at the ex- 
pense of the State, the annual report of the Board of 
Game Commissioners to the Governor, and such other 
bulletins as, in the opinion of said Board, may be 
necessary to its work. 

Section 4. Game Protectors so appointed shall hold 
office during the pleasure of the Board of Game Com- 
missioners, which may summarily remove any of their 
number and appoint another in his place. The Game 
Protectors shall enforce all the game laws of the State 
and the provisions supplementary thereto, and shall 
have full power to execute all warrants and search 
warrants issued for the violation of the game law, and 
to serve subpoenas issued for the examination, investi- 
gation or trial of all offenses against said laws ; each 
Protector shall keep a record of his official acts, re- 
ceipts and expenditures and at the close of each month 
make summary of such record, with such statements 
in detail as shall be necessary for the information of 
his Chief, and report the same to the Chief Protector 
under oath. The Chief Protector shall report to the 
Board of Commissioners any negligence or dereliction 
of duty or incompetency on the part of any of the Pro- 
tectors, with the facts relating thereto, and he shall 
report monthly to said Commissioners the operations of 
his department during the preceding month, and shall 
make such further reports as may be required by the 
Board of Commissioners. 

Approved— The 25th of June, A. D. 1895. 

DANIEL H. HASTINGS. 



GAME, FISH AND FORESTRY LAWS. 15 



AN ACT 

Making constables of townships and boroughs ex- March 2 2 
officio fire, game and fish wardens, prescribing their 1899, p. l. 
powers and duties, fixing their fees as wardens, and 17. 
prescribing their punishment for failure to perform 
their duties. 

Section 1. Be it enacted, &c, That from and after constables 
the passage of this act the constables of the various to be ex-offl- 
wards, boroughs and townships of the Commonwealth cio fire> 
shall be ex-officio, fire, game, and fish wardens. IST'war- 

Section 2. It shall be the duty of said fire, game dens, 
and fish wardens to enforce all statutes of this State 
now in force, or that hereafter be enacted, for the Duties of 
protection of forests and timber lands from fire, and wardens, 
for the protection and propagation of game, game 
birds, game mammals, song and insectivorous birds, 
and fish, and said constables or wardens shall have 
authority to arrest without warrant any person or M *J arrest 
persons caught by them in the act of violating any of warrant. 
the aforesaid laws for the protection of forests and Arrests ' may 
timber lands, game, and food and game fish, and be made on 
take such person or persons forthwith before a jus- Sunda y- 
tice of the peace or other magistrate having juris- 
diction, who shall proceed without delay to hear, 
try and determine the matter. Such arrests may be 
also made on Sunday, in which case the person or }th 

persons arrested shall be taken before the proper out^warrant 
officer, and proceeded against as soon as may be on to search 
a week day following the arrest. and examine. 

Section 3. Said constables or wardens shall have 
power without warrant to search and examine any 
boat, conveyance, vehicle, fish box, fish basket, game 
bag or game coat, or other receptacle for game or 
fish, when they have good reason to believe that any 
of the laws for the protectioon of forests and timber ta°ke Se posses- 
lands, game and fish, have been violated; and the said S i 0n of game 
constables shall at any time seize and take possession and fish. 
of any and all birds, animals or fish, which have 
been caught, taken or killed at any time, in a manner 
or for a purpose, or had in possession or under control, 
have been shipped or are about to be shipped, contrary 
to any of the laws of this State. Any court having 
jurisdiction of the offense, upon receiving proof of 



16 



GAME, FISH AND FORESTRY LAWS 



Courts may 
issue search 
warrants. 



Property 
seized to be 
disposed of 
as directed 
by the court. 

Constables 
not liable 
for damages. 

Constables 
or wardens 
to be paid. 



How paid. 



ConstiMos 
or ynr^ens 
to have 
concurrent 
jurisdiction. 

To make 
special re- 
turns to 
court. 



probable cause for believing in the concealment of any 
bird, animal or fish, caught, taken, killed, had in 
possession, under control or shipped, or about to be 
shipped, contrary to law, shall issue a search war- 
rant and cause a search to be made in any place, and 
to that end may, after demand and refusal, cause any 
building, enclosure or car to be entered, and any 
apartment, chest, box, locker, crate, basket or pack- 
age, to be broken open and the contents thereof ex- 
amined by said constable. All birds, animals or fish, 
or net, or fishing appliances, or apparatus, seized by 
any constable or warden, shall be disposed of in such 
manner as may be directed by the court before whom 
the offense is tried, and such constables or warden 
shall not be liable for damages on account of any such 
search, examination or seizure, or the destruction of 
any nets or fishing apparatus of any kind in accord- 
ance with the provisions of this act. 

Section 4. Any constable or warden, upon the ar- 
rest and prosecution of any offender to conviction 
under the provisions of this act, shall, in addition 
to the fees to which he may be entitled under exist- 
ing laws, be paid for his services the sum of ten 
dollars on a warrant drawn by the county commis- 
sioners on the county treasurer one-half of which 
shall be paid out of the treasury of the respective 
county, and the remaining half of said reward shall 
be paid by the State Treasurer into the treasury 
of said county, out of moneys not otherwise appro- 
priated, upon warrant from the Auditor General, but 
no such warrant shall be drawn until the respective 
county commissioners shall have first furnished, under 
oath, to the Auditor General, a written itemized 
statement of such expenses, and until the same is 
approved by the Auditor General: Prbvided, That 
no county shall be liable to pay for this purpose in 
any one year an amount exceeding five hundred dol- 
lars. 

Section 5. Each of said constables or wardens 
shall, for the purpose of this act, have concurrent 
jurisdiction throughout his own proper county ; and 
they shall in the first week in each term of the court 
of quarter sessions of their respective counties, make 
special returns to said court, under oath, of all vio- 
lations occurring in their respective townships, or 
which may come or be brought to their notice, of 



GAME, FISH AND FORESTRY LAWS. 



17 



any of the provisions of any law now in force, or 
that may hereafter be enacted, for the protection of 
forests and timber lands, game and fish; and it shall 
be the duty of the judge of said court to see that 
such returns are faithfully made, and any constable 
or warden wilfully neglecting or refusing to make 
such returns, or to prosecute any offense under said 
laws of which he shall have personal knowledge or 
which he shall have notice in writing by any citizen, 
giving the name of the offender together with the 
names of the witnesses, shall be guilty of a mis- 
demeanor, and upon conviction thereof be sentenced 
to pay a fine of fifty dollars, or to undergo an im- 
prisonment in the county jail for two months, both or 
either at the discretion of the court. 

Section 6. All sections, provisions, acts or parts 
of acts inconsistent with this act, or any section 
of it, are hereby repealed. 

Approved— The 22d day of March, A. D. 1899. 

WILLIAM A. STONE. 



Duty of the 
court. 

Neglect or 
refusal of 
constables a 
misde- 
meanor. 



Penalty. 
Repeal. 



A SUPPLEMENT 

To an act. entitled "An act to provide for the ap- 
pointment of Game Commissioners of the Common- 
wealth of Pennsylvania, defining their duties, and 
empowering them to appoint Game Protectors," ap- 
proved the twenty-fifth day of June, Anno Domini 
one thousand eight hundred and ninety-five; extend- 
ing the powers of said Protectors, making disposition 
of fines received by them, and regulating their pay. 
Section 1. Be it enacted, &c, That from and after 
the passage of this act the Game Protectors appointed 
by virtue of the provisions of the act, entitled "An 
act to provide for the appointment of Game Commis- 
sioners for the Commonwealth of Pennsylvania, de- 
fining their duties, and empowering them to appoint 
Game Protectors," approved the twenty-fifth day of 
June, Anno Domini one thousand eight hundred and 
ninety-five shall have, in addition to the powers con- 
ferred upon them by said act, the authority to arrest 
without warrant any person or persons found by 
them in the act of violating any of the laws of this 
Commonwealth now in force, or that may hereafter be 
2 



May 
1901, 
266. 



May arrest 
without war 
rant. 



18 



GAME, FISH AND FORESTRY LAWS. 



Xn case of 
arrest on 
Sunday. 



Search and 
examination 
without 
warrant. 



Seizure of 
game. 



Search war- 
rant. 



Game seized 
to be for- 
warded to 
the nearest 
hospital. 



Guns and 
appliances. 



enacted for the protection of game, of song and of 
insectivorous birds, and take such person or persons 
forthwith before a justice of the peace or other magis- 
trate having jurisdiction, who shall proceed without 
delay to hear, try and determine the matter; such 
arrest may also be made on Sunday, in which case 
the person or persons, so arrested, for safe keeping 
may be committed to the jail for that day, but shall 
be taken before the proper magistrate and proceeded 
against as soon as may be on a week day following 
the arrest. 

Section 2. Said Game Protectors shall have power, 
without warrant, to search and examine any boat, 
conveyance, vehicle, game-bag, game-coat, or other 
receptacle for game, when they have good cause to 
believe that any of the laws of this Commonwealth 
for the protection of game, of song or of insectivorous 
birds , have been violated ; and the said game protec- 
tors shall, at any and all times, have the right to 
seize and take possession of any and all birds or ani- 
mals which have been caught, taken or killed, at any 
time, in a manner or for a purpose, or had in posses- 
sion or under control, have been shipped or about to 
be shipped, contrary to any of the laws of this Com- 
monwealth. Any court having jurisdiction of the 
offense, upon receiving proof of the probable cause 
for believing in the concealment of any bird or animal 
caught, taken, killed, had in possession, under con- 
trol, shipped or about to be shipped, contrary to any 
laws of this Commonwealth, shall issue a search war- 
rant, and cause a search to be made in any place ; 
and to that end may, after demand and refusal, 
cause any building, enclosure or car to be entered, 
and any apartment, chest, locker, box, trunk, crate, 
basket, bag or package, to be broken open and the 
contents thereof to be examined by said Protector. 
All birds or animals classed as game, found therein 
in violation of law, shall be seized by the protector 
making the search, who shall, as soon as may be 
thereafter, forward said game to the nearest hospital, 
for the use of the sick or injured therein ; the bodies 
or parts of bodies of all song or insectivorus birds, 
so taken, shall, unless needed for evidence, be de- 
stroyed; all guns, gunning appliances, shooting ap- 
paratus, trap or gunning apparel, found in said re- 
ceptacle or receptacles, where the search warrant is 
issued against a non-resident, shall be seized by said 
Protector, and held, subject to the payment of the 



GAME, FISH AND FORESTRY LAWS. 



19 



maximum pnr>lty attached by law to the offense 
charged, and the costs of prosecution; said goods to 
be sold at public auction, after the lapse of twenty 
days from the date of seizure, and failure of the 
reputed owner to appear and defend himself against 
the charges preferred ; and such Game Protector or 
Protectors shall not be liable for damages on account 
of any arrest, search, examination, seizure or sale, 
made in accordance with the provisions of this act. 

Section 3. Any of the Game Protectors of this State 
shall have the right, for the purpose of securing evi- 
dence wherewith to convict of violations of the game 
law, to purchase or sell game, the purchase or sale 
of which is otherwise forbidden, and shall not be 
liable to any of the fines or penalties imposed by law 
for the purchase or sale of game. All game re- 
maining in the hands of a Protector, after the pur- 
pose for which it was procured shall have been ac- 
complished, shall be forwarded to the nearest hos- 
pital for the use of the sick or injured therein. 

Section 4. Any person or persons interfering with 
any of the Game Protectors of this Commonwealth 
in the discharge of their duties, or resisting arrest, 
shall be liable to a penalty of one hundred dollars, 
or be imprisoned in the county jail for a period of 
one day for each dollar of penalty imposed . Any game 
protector is hereby authorized to call to his aid any 
citizen or citizens of this Commonwealth, for assist- 
ance as needed in making an arrest. 

Section 5. That the Game Protectors, so appointed, 
shall receive salary or pay per day, as may be 
agreed upon by the Game Commission, with ex- 
penses not to exceed two dollars per day outside 
of traveling expenses ; said expense account to be 
itemized and presented under oath. All moneys com- 
ing to any Game Protector as his part of any fine or 
penalty, under existing law, wherein he is the prose- 
cutor, shall belong to the Game Commission, and 
shall be surrendered by said Protector to the Secretary 
of the said Commission for its use: Provided, That 
the combined expense account of the Game Com- 
mission shall not exceed the amount set agart by 
law to their use. 

Section 6. All acts or parts of acts inconsistent 
with this act are hereby repealed. 

Approved— The 21st day of May, A. D. 1901. 

WILLIAM A. STONE. 



Public 
auction. 



Securing of 
evidence. 



Game to be 
forwarded to 
hospital. 



Interference 
with Game 
Protectors. 



Aid in 
making ar- 
rests. 



Compensa- 
tion of 
Game Pro- 
tectors. 

Expenses. 

All fines and 
penalties to 
be tu r ned 
over to 
Game Com- 
mission. 

Proviso. 



Repeal. 



20 



GAME, FISH AND FORESTRY LAWS. 



March 17, 
1903, P. L. 



Unlawful to 
kill or cap- 
ture bearer. 



Fine. 



Imprison- 
ment. 



Prima facie 
evidence. 



Beaver 
classed as 
"game." 

Duty of 
game war- 
dens, etc. 



Prosecu- 
tions. 



AN ACT 

To prohibit the capture or killing of beaver within 
the Commonwealth of Pennsylvania, and providing 
penalties for the violation of its provisions. 

Section 1. Be it enacted, &c, That from and after 
the passage of this act, it shall be unlawful to kill or 
capture, or to attempt to kill or capture, any beaver 
within this Commonwealth. 

Section 2. Any person violating any of the pro- 
visions of this act shall be liable to a penalty of 
one hundred dollars for each offense; or, in default 
of the payment thereof, with the costs of prosecution, 
to undergo an imprisonment, in the jail of the county 
where the offense is committed, of one day for each 
dollar of penalty imposed ; and the possession of any 
beaver, or of the fresh skin or any portion of the 
fresh skin or carcass of such animal, shall be prima 
facie evidence of a violation of this act by the person 
or persons in whose possession the same shall have 
been found. 

Section 3. For the purposes of this act, the beaver 
shall be classed as game in this Commonwealth ; and 
it is hereby made the duty of all officers of the State, 
entrusted with the protection of game, to see that the 
provisions of this act are enforced. All prosecutions 
for violation of the provisions of this act shall be 
brought, and the course of proceeding followed, as 
prescribed by section twelve of an act, entitled "An 
act to provide for the protection and preservation 
of game, game quadrupeds, game birds, et cetera," 
approved the fourth day of June, Anno Domini one 
thousand eight hundred and ninety-seven. 

Approved— The 17th day of March, A. D. 1903. 

SAML. W. PENNYPACKER. 



Anril 11. 
1903, P. L. 
163. 



Deputy 
game pro- 
tectors. 



AN ACT 

To provide for the appointment of Deputy Game Pro- 
tectors, for the Commonwealth of Pennsylvania, 
and defining their duties. 

Section 1. Be it enacted, &c, That the Board of 
Game Commissioners shall have the power and au- 
thority to appoint one competent man in each and 



GAME, FISH AND FORESTRY LAWS 



21 



every county of the Commonwealth of Pennsylvania, 
to be called and designated as a Deputy Game Pro- 
tector, who shall have the same power and perform 
the same duties as the present Game Protectors, au- 
thorized by law, now have and perform, and re- 
ceive the same compensation that constables now re- 
ceive for similar services; and shall, when appointed, 
give to the Board of Game Commissioners a bond 
in the sum of three hundred dollars, conditioned 
for the faithful discharge of his duties ; such bond to 
be approved bv the said Commissioners. 
Approved— The 11th day of April, A. D. 1903. 

SAML. W. PENNYPACKER. 



AN ACT 

Fixing the liability for record costs, in cases where 
Officers, whose duty it is to enforce the game laws 
of this Commonwealth, fail, for any legal cause, 
to receive the same from the defendant. 
Section 1. Be it enacted, &c, That from and after 
the passage of this act, whenever anv officer of this 
Commonwealth, whose duty it is by the laws of this 
State to protect our game, our song or our insec- 
tivorous birds, shall in good faith, bring suit for vio- 
lation of any of the laws relative to these subjects, 
and for any legal cause shall fail to recover the costs 
of record, the same shall be a charge upon the proper 
county, and shall be audited and paid as are costs 
of like character in said county . 
Approved— The 16th day of April, A. D. 1903. 

SAML. W. PENNYPACKER. 



AN ACT 

Making it wilful trespass to hunt, trap and take game 
birds or game animals upon cultivated lands, and 
providing for the punishment of such trespass. 
Section 1. Be it enacted, &c, That on and after 
the passage of this act, any person or persons tres- 
passing on any cultivated lands in this Common- 
wealth, for the purpose of hunting and trapping and 
taking therefrom any game birds or game animals, 
after public notice by the owner, lessee or occupant 
thereof, such notice to be posted on, and adjacent 
to such cultivated lands, shall be guilty of wilful 
trespass, and in addition to the damages recoverable 



Compensa- 
tion. 



Bond. 



>nril 16, 
1903, P. L. 

213. 



Officers 
whose duty 
it is to en- 
force game 
laws. 

Record 
costs. 

The county's 
liability 

therefor. 



July 9. 1901, 
P. L. 612. 



Hunting and 
trapping of 
game b : rds . 
and animals 
on inclosed 
or cultivated 
lands. 

Trespass. 



22 



GAME, FISH AND FORESTRY LAWS 



Fine. 
Warrant. 



Hearing. 



Penalty. 



Appeal. 



Trial. 



by law shall be liable to the owner, lessee, or occu- 
pant in a penalty not exceeding five dollars for each 
and every such offense. 

Section 2. Any justice of the peace or alderman, 
upon information or complaint made before him, by- 
affidavit, of the violation of the provisions of this 
act by any person or persons, is hereby authorized 
and directed to issue his warrant, under his hand 
and seal, directed to any constable or warden of the 
county, to cause such person or persons to be ar- 
rested and brought before said justice or alderman, 
who shall hear and determine the guilt or innocence 
of the person or persons so charged ; and if con- 
victed of such wilful trespass, shall be sentenced, 
by such justice or alderman to pay a penatly, not 
exceeding five dollars, together with costs, one-half of 
such penalty shall be paid to the owner, lessee or 
occupant of said land and the remaining half to the 
school district of the city, borough or township 
wherein such offense was committed ; and if the per- 
son or persons, so convicted and sentenced, shall 
neglect or refuse to pay such penalty and costs, or 
secure the payment thereof within ten days, he or 
they shall be committed to the common jail of the 
proper county for a period not exceeding three months. 

Section 3. If any person or persons, convicted and 
sentenced under the provisions of this act, shall feel 
aggrieved thereby, he or they may appeal to the court 
of quarter sessions of the peace for the county in 
which the offense was committed, by entering into 
recognizance, with sureties to be approved by the 
justice or alderman, to appear before said court; 
which court shall hear the evidence and determine 
the guilt or innocence of the person or persons so 
charged, and on conviction of the defendant or de- 
fendants charged and a failure to pay such penalty 
and costs imposed by the act, shall commit said de- 
fendant or defendants to the common jail of the 
county, for a period not exceeding three months. 

Approved— The 9th day of July, A. D. 1901. 

WILLIAM A. STONE. 



This is not a game law and is published in this pamphlet 
only as a matter of information to sportsmen. See trespass 
Act on page 23. 



GAME, FISH AND FORESTRY LAWS. 



23 



AN ACT 

Making it unlawful to trespass upon land posted as April 14, 
Private property, and providing the penalty thereof. 1905, P. L. 

*Section I. Be it enacted, &c, That from and 
after the passage of this act, it shall be unlawful Tres P a8 »- 
for any person wilfully to enter upon any land, 
within the limits of this Commonwealth, where the 
owner or owners of said land has caused to be promi- 
nently posted upon said land printed notices that the n posted 
said land is private property, and warning all per- land, 
sons from trespassing thereon, under the penalty pro- 
vided in this act. 

Section 2. Every person violating the provisions of F i ne an( j 
this act shall be liable to a penalty of not exceeding penalty. 
ten dollars, together with the costs of prosecution, to 
be recovered before any magistrate or justice of the 
peace as fines and penalties are by law recoverable ; 
and, in default of payment of said fine and costs, the 
party convicted shall be committed to the county 
jail of the proper county, for one day for each dol- 
lar of fine imposed. 

Section 3. All penalties recovered under this act 
shall be paid to the school fund of the district in 
which the trespass was committed. 

Approved— The 14th day of April, A. D. 1905. 

SAML. W. PENNYPACKER. 

*This is not a game or fish law and Is printed in this 
pamphlet only as a matter of information to sportsmen. 



AN ACT 

To provide for the appointment of Special Deputy Anrii 18, 
Game Protectors, for the Commonwealth of Penn- lflos, p. ' l. 
sylvania, and defining their duties and powers. 201 - 

Section 1. Be it enacted, &c, That from and after 
the passage of this act, the Board of Game Com- S pf ^ 1 t al c 
missioners of this Commonwealth shall be empowered Protectors. m * 
to appoint, at their discretion, competent men through- 
out the Commonwealth, to be known as Special Deputy 
Game Protectors, who in all ways shall possess the 
rights and powers now given by law to Game Pro- 
tectors, and be subject to all requirements and regula- 



24 



GAME, FISH AND FORESTRY LAWS. 



Rights and 
powers. 



tions, either of the law or of rules of the Board of 
Game Commissioners, controlling the action of such 
Game Protectors in this Commonwealth: Provided, 
Such Special Deputy Game Protectors shall in no 
way be entitled to recompense from either the county 
or Commonwealth for services rendered or expenses 
incurred in the performance of their duties. 
Approved— The 18th day of April, A. D. 1905. 

SAML. W. PENNYPACKER. 



AN ACT 

Prohibiting the use of automatic guns, for the kill- 
p a l 31 329 1907 ' * n? °^ & ame or w ^ °i r( is within this Common- 
' ' ' wealth, and prescribing a penalty for violation of 

its provisions. 

Section 1. Be it enacted, &c, That from and after 
the passage of this act, it shall be unlawful for any 
person to use what is commonly known as an auto- 
matic gun for the killing of game in this Common- 
wealth. Each and every person violating any provi- 
sion of this section shall be liable to a penalty of fifty 
dollars for each offense, or shall suffer an imprison- 
ment in the common jail of the county for a period of 
one day for each dollar of penalty imposed. 

Section 2. Each and every magistrate, alderman, 
and justice of the peace, within this Commonwealth, 
shall have the right of summary conviction in all mat- 
ters pertaining to violation of the provisions of this 
act, and all prosecutions for violation of any of its 
provisions shall be conducted, and the penalties dis- 
posed of, in manner and form as is now prescribed by 
law for violation of the game laws of this Common- 
wealth . 

Approved— The 31st day of May, A. D. 1907. 

EDWIN S. STUART. 

This act is constitutional and is the law. See opin- 
ion Superior Court case of Commonwealth vs. Thos. 
W. McComb, No. 148 October term 1908. Superior 
Court of Pennsylvania. Appealed from Delaware 
county. 

39 Pa. Superior Court 411; 227 Pa. Supreme Court 
377; citation pages 236 and 237 of this pamphlet. 



Automatic 
guns. 

Killing of 
game. 

V'ola tions. 



Summary 
conviction. 



GAME, FISH AND FORESTRY LAWS 



25 



AN ACT 

To give additional protection to wild birds and ani- Act M 8 

mals and game within the Commonwealth of Penn- 1909, p. l'. 

sylvania, prohibiting the hunting for, or capture, 466, as 

or killing of, such wild birds or animals or game by ?, men ? e ? h 7 

unnaturalized foreign-born residents ; forbidding the j„f y nth, 

ownership or possession of shotgun or rifle by any 1917, p. L. 

unnaturalized foreign-born resident, within the 779. 
Commonwealth ; and prescribing penalties for vio- 
lation of its provisions. 

Section 1. As amended by the act of July 11th, 
1917, P. L. 779. 

Section 1. Be it enacted, &c, That from and after 
the passage of this act, it shall be unlawful for any 
unnaturalized foreign-born resident to hunt for or 
capture or kill, in this Commonwealth, any wild bird 
or animal, either game or otherwise, of any descrip- 
tion, excepting in defense of person or property; and 
to that end it shall be unlawful for any unnaturalized 
foreign-born resident, within this Commonwealth, to 
either own or be possessed of a shotgun or rifle of 
any make, or a pistol or firearm of any kind. Each 
and every person violating any provision of this sec- 
tion shall, upon conviction thereof, be sentenced to 
pay a penalty of twenty-five dollars for each offense, 
or undergo imprisonment in the common jail of the 
county for the period of one day for each dollar of 
penalty imposed: Provided, That in addition to the 
before-named penalty, all guns of the before-mentioned 
kinds found in possession or under control of an un- 
naturalized foreign-born resident shall, upon convic- 
tion of such person, or upon his signing a declaration 
of guilt as prescribed by this act, be declared forfeited 
to the Commonwealth of Pennsylvania, and shall be 
sold by the Board of Game Commissioners as herein- 
after directed. 

Section 2. For the purposes of this act, any un- 
naturalized foreign-born person who shall reside or 
live within the boundaries of the Commonwealth of 
Pennsylvania for ten consecutive days shall be con- 
sidered a resident, and shall be liable to the penal- 
ties imposed for violation of the provisions of this act. 

Section 3. As amended by the act of July 11th, 
1917, P. L. 779. 



Wild birds 
and animals 
and game. 



Unlawful for 
unnaturalized 
foreign-born 
residents to 
hunt. 

Or to own 

or possess 
shotgun or 
rifle, or fire- 
arm of any 
kind. 

Violations. 

Penalty. 

Proviso. 

Forfeiture of 
guns. 



"Unnatural- 
:'zod foreign 
born resi- 
dent" de- 
fined. 



26 



GAME, PISH AND FORESTRY LAWS. 



Possession 
outside of 
building. 



Presence of 
guns in 
room, house, 
etc. 



Prima facie 
evidence. 



Notice of all 
seizure. 



Sale. 



Duty of 
officers. 



Arrests. 



Sunday ar- 
rests. 



Section 3. That the possession of a shotgun or rifle 
or pistol or firearm of any kind at any place outside 
of buildings, within this Commonwealth, by an un- 
naturalized foreign-born resident, shall be conclusive 
proof of a violation of the provisions of section one 
of this act, and shall render any person convicted 
thereof liable to the penalty as fixed by said section. 

Section 4. As' amended by the act of July 11th, 
1917, P. L. 779. 

Section 4. That the presence of a shotgun or rifle, 
or pistol or firearm of any kind, in a room, or house, 
or building, or tent, or camp, of any description, 
within this Commonwealth, occupied or controlled 
by an unnaturalized foreign-born resident, shall be 
prima facie evidence that such gun is owned or con- 
trolled by the person occupying or controlling the 
property in which such gun is found, and shall ren- 
der such person liable to the penalty imposed by sec- 
tion one of this act. 

Section 5. That notice of the seizure of all guns, 
made for violation of any provision of section one 
of this act shall be sent to the Board of Game Com- 
missioners, at Harrisburg, by the officer making such 
seizure, immediately after the final verdict in any 
prosecution brought for violation of said provisions, 
or upon the signing of the acknowledgement of guilt, 
as hereinafter provided ; and the gun so seized shall 
be sold, at the discretion of the Board of Game Com- 
missioners, who shall apply the money thus realized, 
first to the payment of costs arising from such prose- 
cution and seizure, and the remainder, if any, shall 
be paid to the State Treasurer for the use of the Com- 
monwealth. 

Section 6. That all duly appointed and sworn 
officers of the Board of Game Commissioners of this 
Commonwealth, and all constables, police officers, 
members of the State constabulary, forestry-wardens, 
and all peace officers of the Commonwealth, shall have 
the right, and it is hereby made their duty, to ar- 
rest, without warrant, any person whom they have 
good reason to suspect as belonging to the class of un- 
naturalized foreign-born residents, when they find 
such person with guns of the before-mentioned kind 
in possession, within the Commonwealth of Penn- 
sylvania. Such arrests may also be made upon 
Sunday, in which case the person or persons so ar- 
rested, for safe-keeping may be committed to the jail 
or lock-up for that day ; but shall be taken before the 



GAME, FISH AND FORESTRY LAWS. 



27 



proper magistrate and proceeded against on a week 
day following the arrest ; and any or either of such 
officers shall have the right and power, where they 
suspect the concealment by an unnaturalized foreign- 
born resident of guns of the before-mentioned kind, 
to apply to any court having jurisdiction of the of- 
fense, within the Commonwealth, who, upon receipt 
of proof made by affidavit of the probable cause for 
believing in such concealment, shall issue a search 
warrant and cause a search to be made in any place ; 
and to that end the said officer shall have power, 
after demand and refusal, to cause any building, 
room, inclosure, or car to be broken open and en- 
tered, and any closet, chest, locker, box, trunk, 
crate, basket, box, or package, or other receptacle, 
to be opened and contents examined by said officer. 
Section 7. Each and every magistrate, alderman, 
and justice of the peace of this Commonwealth shall 
have the power of summary conviction pertaining 
to the violation of any of the provisions of this act ; 
and all actions for violation of any of the provisions 
hereinbefore-mentioned, excepting where the defendant 
is taken in the act or in a pursuit immediately fol- 
lowing the act, shall be commenced by affidavit made 
within one year of the time of such violation. Each 
and every magistrate, alderman, and justice of the 
peace, on complaint made before him, on affidavit 
of any person, of a violation of the provisions of this 
act by any person, is herewith authorized and re- 
quired to issue his warrant, under his hand and 
official seal, directed to any constable, police officer, 
game-protector, or any other officer of the State 
known as a police officer and authorized to serve 
warrants, and cause such person to be brought before 
such magistrate, alderman, or justice of the peace, 
who shall hear the evidence and determine the guilt 
or innocence of the party charged. If the accused 
be convicted of such offense, he shall be sentenced to 
pay the full penalty prescribed by the section vio- 
lated , and to pay all costs of prosecution . All 
penalties collected in cases where the prosecutor is a 
paid officer of the Board of Game Commissioners 
shall be immediately surrendered by the court re- 
ceiving the same to such prosecutor, who in turn 
shall, as soon as may be, forward or deliver such 
amount in full to the Secretary of the Board, who 
shall at once deposit the same to the use of the Com- 



Concealment 
of gun. 



Search war- 
rant. 



Magistrates, 

aldermen, 
and jusitces. 
Summary 
conviction. 



Affidavit. 



Hearing. 



Disposition 
of fines. 



28 



GAME, FISH AND FORESTRY LAWS 



Duty of the 
Board. 



Refusal to 
pay penalty. 



Penalty. 



Commitment. 

Proviso. 

Ackno-wlPd.Ef- 
ment of of- 
fense, and 
payment. 

Receipt. 



Froviso. 



monwealth. Where any other than a paid officer of 
the Board of Game Commissioners is the prosecutor, 
one-half of any penalty thus collected shall belong to 
said prosecutor, and be paid to him ; and the remain- 
ing one-half shall be forthwith forwarded to the Sec- 
retary of the Game Commission, at Harrisburg, 
together with a statement of the cause for which said 
money shall have been collected. The cost of which 
statement is hereby fixed as fifty cents, and made a 
part of the costs of prosecution. It shall be the duty 
of the Board of Game Commissioners to keep a record 
of the cases for which said money was collected, 
and to deliver the fund thus arising, at least once 
a month, to the State Treasurer, for the use of the 
Commonwealth. Any defendant refusing to pay such 
penalty, with the costs of prosecution, shall be com- 
mitted to the common jail of the county, for a period 
of one day for each dollar of penalty imposed, unless 
he shall enter a good and sufficient recogizance, with 
one or more sureties, to pay such penalty within ten 
days, or to answer such complaint, upon the charge 
of misdemeanor, before the court of quarter sessions 
of the peace of the county in which the offense was 
committed ; which said court, upon the conviction 
of the defendant of such offense, and on his failure 
to pay the penalty imposed, together with the costs 
of prosecution, shall commit such defendant to the 
common jail of the county for a period of one day 
for each dollar of penalty imposed: Provided, That 
any person charged with violation of the provisions 
of this act may, at his discretion, sign an acknowl- 
edgment of the offense committed, and pay any 
duly sworn Game Protector the penalty in full, as 
fixed by the section violated, with costs to that date 
and the printed receipt therefor, which shall in every 
instance bear the seal of the Board of Game Com- 
missioners and the signature of its Secretary, shall 
be evidence of full satisfaction for the offense com- 
mitted: Provided, also, That all guns seized, in cases 
in which the before-mentioned receipt is given, shall 
be sold under the provisions of section five, and the 
moneys realized therefrom be applied as therein di- 
rected . 

Section 8. All acts or parts of acts inconsistent 
with the provisions of this act are hereby repealed. 

Approved— The 8th day of May, A. D. 1909. 

EDWIN S. STUART. 



GAME, FISH AND FORESTRY LAWS 



29 



AN ACT 

For the better protection of wild birds and game 
within the Commonwealth of Pennsylvania ; re- 
quiring citizens of the United States residing within 
this State to procure a license before using guns 
for the purpose of hunting for any wild birds or 
animals protected by the laws of this Common- 
wealth ; and providing penalties for violations of 
its several provisions, and the manner of proceed- 
ing to enforce compliance therewith ; and pro- 
viding for the disposition of the license fees, fines, 
and penalties received. 

Section 1. Be it enacted, &c, That from and 
after the passage of this act, it shall be unlawful 
for any person residing within this Commonwealth 
to hunt for wild birds or wild animals protected 
by the game laws of this Commonwealth, with fire- 
arms, or with a device of any kind propelling with 
force a leaden or metal pellet or bullet ; or, except 
in the defense of person or property, to shoot at or 
kill, or pursue with the intent to take, kill or wound, 
any such wild birds or wild animals found within 
this Commonwealth ; without first securing a license 
to so do, in accordance with the provisions of this 
act. 

Section 2. Whenever the word "person" is used 
in this act, such word shall be taken to include 
every person. All words or terms in this act which 
refer to persons in the singular number shall be 
taken to include the plural number. All words of 
the plural number shall include the singular num- 
ber, and all words of the masculine gender shall 
be taken to include the feminine gender. 

Section 3. For the purposes of this act any per- 
son born in the United States of America, or any 
person fully naturalized under the laws of the United 
States, or the son of any such naturalized person, 
under the age of twenty-one years, who has been 
a bona fide resident of this Commonwealth for a 
period of thirty days next preceding his application, 
shall be entitled to the license herein referred to, 
upon the further fulfillment of the requirements of 
this act. 



Act April 17, 
1913, P. L. 



Wild birds 
and game. 



Hunter's li- 
cense act. 



License. 

"Person." 
"Number.' 

"Gender." 



Persons en- 
titled to be 
licensed. 



30 



GAME, FISH AND FOREPVUiY LAWS 



Application 
for license. 



Proof. 



Fee. 
Proviso. 



Proviso. 



Form of li- 
cense. 



Term. 



Tag. 



Display of 
tag. 



Proviso. 

Justice of 
the peace 
may also is- 
sue licenses. 



Section 4. Each and every resident of this Com- 
monwealth — such resident being a citizen of the 
United States— upon application made, verbally or 
in writing, to any county treasurer within the 
Commonwealth, and the presentation of proof that 
he is a citizen of the United States and a bona fide 
resident of this Commonwealth under the require- 
ments of this act, and the payment to said county 
treasurer of one -dollar, shall be entitled to what is 
herein designated as a "Resident Hunter's License," 
and a tag with the number of the license thereon: 
Provided, That no person under the age of sixteen 
years shall be entitled to or receive such license, 
without presenting a written request therefor, bear- 
ing the signature of his father or mother, or his 
legally constituted guardian: Provided further, That 
no person under fourteen years of age shall be granted 
a license. Said license shall be issued on a form 
prepared and supplied by the Board of Game Com- 
missioners, at the cost of the Commonwealth. Such 
license shall bear a description of the person apply- 
ing for the same, with the date of its issue, and 
shall authorize the person named therein to use 
legal firearms for the purpose of hunting and kill- 
ing any of the wild animals or game-birds pro- 
tected by the laws of this Commonwealth, under 
the restrictions and requirements of existing laws, 
during that year, the date of which is inscribed 
thereon. Said certificate shall become void upon the 
thirty-first day of December next following the date 
of issue. The Game Commission shall also furnish, 
free of charge, and the county treasurer shall issue, 
with each license, a tag bearing the license number, 
in figures at least one inch in height, which tag 
said licensee is required to display on the back of 
the sleeve, between the elbow and the shoulder, in 
such manner that the figures be visible at all times 
while hunting: Provided, That it shall be lawful, 
under the provisions of this act, for any justice of 
the peace within this Commonwealth, who has quali- 
fied therefor by having applied to the county treas- 
urer of the county in which he is located, and hav- 
ing received and receipted for necessary * blanks and 
tags, to issue a resident hunter's license and tag 
on like conditions and in like manner as prescribed 
for the issuance of licenses by any county treasurer, 



GAME. FISH AND FORESTRY LAWS 



31 



upon payment of fifteen cents to said justice by the 
said licensee, in addition to the other dollar pre- 
scribed as the cost of said license ; said fifteen cents 
to be retained by said justice of the peace as his 
fee for the issuance of said license and reporting the 
same, and remitting payment therefor to the county 
treasurer of the county in which said justice of the 
peace is located. Such report and remittance to be 
made and done by said justice of the peace within 
twenty-four hours after the issuance of said license 
by him. Whereupon said county treasurer shall 
make a record of, and otherwise treat, said license 
as though it had been issued from his office, except 
that he shall also note upon his record the name of 
the justice issuing the license. Every justice of the 
peace shall deliver the book or books from which he 
has issued licenses, together with the stubs therein 
properly filled out and showing the names of each 
licensee and the number of the license issued to 
him, to the treasurer of his county during the month 
of January of each year. 

Section 5. Any citizen of the United States, resi- 
dent within this Commonwealth, who jShaill, ex- 
cepting in defense of person or property, attempt 
through the use of a gun or mechanical device, be- 
fore described in this act, to hunt for, or take or 
wound or kill, any of the wild birds or animals 
protected by the laws of this Commonwealth, with- 
out first being possessed of a "Resident Hunter's 
License," lawfully issued to him in his name, shall 
be liable to a penalty of twenty dollars for each 
offense; and each day upon which said gun or device 
is used shall be considered a separate and distinct 
offense: Provided, That nothing in this act shall 
be construed to prevent any citizen of the United 
States, residing within this Commonwealth, from 
having a gun in his home ; or from using such gun in 
defense of either person or property ; or from shoot- 
ing at targets or from hunting for or shooting at, 
in any place in this Commonwealth, anything not 
protected by the laws of this Commonwealth ; or to 
prevent any bona fide owner or any bona fide lessee 
of lands within this Commonwealth, or any mem- 
ber of the family of such owner or lessee, such per- 
son being a citizen of the United States, residing 
upon and cultivating lands in this Commonwealth, 



Report and 
payment by 
justices. 



Record of 
license. 



Delivery of 
stub-books. 



Violations. 



Penalty. 



Proviso. 



Ownership of 
and lawful 
use of gun. 



32 



GAME, FISH AND FORESTRY LAWS. 



Without li- 
cense. 

Rights con- 
veyed by 
act. 



Possession 
of gun in 
lleld, etc. 



Prima facie 
evidence. 

Display of 
tag and 
showing of 
license, l 



Refusal or 
neglect. 



Penalty. 

Possession of 
gun and 
game. 

Prima facie 
evidence. 



Display ef 
tag, etc. 



Proviso. 
Penalty. 



Affidavit 
denial. 



from hunting thereon, or, by and with the consent 
of the owner thereof, from hunting upon the lands 
immediately adjacent and connected with his own 
lands, — without securing the license provided for by 
this act; it being distinctly understood that no right 
is conveyed by this act to hunt upon either private 
or public property in this Commonwealth, contrary 
to the wishes of those who may own or control such 
property. 

Section 6. For the purpose of this act, the fact 
that any person shall be found in possession of a 
gun, or a mechanical device of any description 
possessing the power to propel with force a leaden 
or metal bullet or pellet, either in the field, in the 
forests or on the waters of this Commonwealth, shall 
be considered prima facie evidence that such person 
is hunting ; and shaU render him liable to display 
his license tag as aforesaid, and to show his ''Resi- 
dent Hunter's License" to any officer of this Com- 
monwealth, whose duty it is to protect the game and 
wild birds of the Commonwealth, or, upon demand 
by the owner or the lessee, or by the employee or 
representative of such owner or lessee, upon whose 
lands such person may be found in this Common- 
wealth ; and for refusing or neglecting to comply 
with such request, such person, neglecting or re- 
fusing to display his license tag, as aforesaid, and 
exhibit his "Resident Hunter's License," shall, upon 
conviction, be liable to a penalty of twenty dollars; 
and the fact that any person may be found upon 
the highways of the Commonwealth, in possession 
of a gun and the dead body of any bird or animal 
protected by the laws of this Commonwealth, shall 
be considered prima facie evidence that such person 
is hunting; and such person, upon demand made 
by any officer of the Commonwealth whose duty it is 
to protect the wild birds and game of the State, 
shall be required to display his license tag, as afore- 
said, and exhibit his "Resident Hunter's License," 
and for refusing to so do shall, upon conviction, be 
liable to a penalty of twenty dollars: Provided, 
That in all cases of arrest for violation of any of 
the provisions of this act, except where the dead 
body of any game bird or animal is found in posses- 
sion of the accused, the affidavit of any person, 
charged with such violation, denying the charge made, 



GAME, FISH AND FORESTRY LAWS. 33 

shall, in every instance, over-balance what is 
termed "prima facie evidence" in any of the pro- 
visions of this act ; and that all penalties collected Effect of. 
for violation of any of the provisions of this section 
shall be paid into the State Treasury, to be applied 
to the purposes otherwise provided for in this act. 

Section 7. Each and every county treasurer of County 
this Commonwealth shall keep in a book to be treasurers. 
supplied by the Board of Game Commissioners at 
the cost of the Commonwealth, a correct and com- Record of 
plete record of all "Resident Hunters' Licenses" licenses, 
issued by him. Such book shall be in the form of an 
alphabetical index; and it shall be the duty of each Index. 
county treasurer to have entered therein, at the D . 

close of each week, the name and place of residence treasurers 
of each individual to whom a license shall have 
been issued during that week ; and to forward im- 
mediately to the Game Commission a complete list 
of licenses granted, with names and addresses of 
licensees and numbers of their respective license, on 
blanks to be furnished by the Game Commission ; 
and this index shall be open at any reasonable hour 
to the inspection of any officer of the Commonwealth inspection 
whose duty it is by law to protect the wild birds of ind ex. 
and game of the Commonwealth. 

Section 8. Said county treasurers are herewith 
authorized to retain for services rendered the sum ^ asurer s 
of ten cents from the amount paid by each licensee, 
which amount shall be full compensation for ser- 
vices' rendered by him in each case under the pro- 
visions of this act, and shall remit all balances aris- 
ing from this source, at least once a month, to the 
State Treasurer, for the purposes otherwise pro- 
vided for in this act. Each county treasurer shall Returns of 
make his return to the State Treasurer upon a form treasurer, 
to be supplied by the Board of Game Commissioners, 
at the cost of the Commonwealth, and shall in every 
instance forward a duplicate of such report to the 
Secretary of the Board of Game Commissioners at 
Harrisburg. 

Section 9. Any officer of the Commonwealth whose 
duty it is to protect the wild birds or game of the ofJ7 e e r r 8 s 
Commonwealth or to preserve the peace of the Com- 
monwealth shall have the right to arrest, without Arrest with- 
warrant, any person caught in the act of violating out warrant. 

3 



34 



GAME, FISH AND FORESTRY LAWS. 



Disposition 
of seizures. 



Forfeiture of 
game. 

Forfeiture of 
guns, boats, 
etc. 



Application 
funds. 



Forfeiture 
when owners 
escape ar- 
rest. 



Disposition 
of guns, 
boats, etc. 



any provision of this act, or in a pursuit imme- 
diately following such violation ; and to seize aU 
guns, shooting paraphernalia, dogs, boats, decoys, 
or other appliances used in violation of any pro- 
vision of this act also, all wild birds or animals, 
gnrae or otherwise, found either in possession or 
under control of the suspected person within this 
Commonwealth. All birds and animals, or parts 
thereof, not classed as game in this Commonwealth, 
thus seized, shnll be held subject to the order of 
the Board of Game Commissioners. All guns, boats, 
decoys, dogs, game, and shooting paraphernalia, 
seized when such arrest is made, shall be held sub- 
ject to the determination of the proceedings instituted; 
and, where the party accused is convicted, all game 
seized shall be forfeited to the Commonwealth of 
Pennsylvania, and as soon as may be shall be for- 
warded to the most convenient hospital, for the use 
of the sick or injured therein. All guns, boats, 
decoys, dogs, and shooting paraphernalia of every 
description, thus seized, shall be held subject to the 
payment of the penalty imposed and the costs of 
prosecution; and, unless security be given as re- 
quired by section thirteen of this act, all such seized 
guns, boats, decoys, dogs, and shooting paraphernalia 
shall be sold at public auction, after advertising: the 
same for five days, by at least five public hand- 
bills conspicuously posted in the city, borough, or 
township wherein the conviction was secured. Any 
fund thus arising shall be applied, first, to the pay- 
ment of the costs of prosecution ; then, to the pay- 
ment of the penalty imposed; and the remainder, if 
any, shall be returned to the owner of the prop- 
erty seized. Where game, dogs, boats, decoys, or 
shooting paraphernalia of any description shall be 
seized, and the owners thereof escape arrest, and 
refuse to present themselves and make claim to 
said property, all such game, after the lapse of three 
days after the seizure, shall be declared forfeited 
to the Commonwealth, and shall be sent to the most 
convenient hospital, for the purpose before indicated 
in this section. All guns, dogs, boats, decoys, and 
other shooting paraphernalia thus seized shall 
be held for a period of ten days; after which time, 
if the owner thereof fails to appear and defend 
himself against the charges made, such property 



GAME, FISH AND FORESTRY LAWS. 



35 



of all description shall be sold, in the manner pre- 
scribed for the sale of seized property after convic- 
tion, and the fund arising from such sale be applied 
as in the case of the sale after conviction: Pro- 
vided, That the fact that imprisonment is suffered 
by any person convicted of violating any provisions 
of this act shall not prevent the sale of guns, dogs, 
boats, decoys, or other shooting paraphernalia of any 
description, held as the property of the imprisoned 
party, and the application of the fund thus realized 
to the payment of the costs and the penalty imposed. 

Section 10. Each and every person resisting arrest 
for violation of any of the provisions of this act, 
or refusing to go with an officer after an arrest 
has been made, or interfering with an officer of the 
Commonwealth in the performance of his duty under 
the provisions of this act, shall be liable to a penalty 
of one hundred dollars, which penalty when col- 
lected shall be applied as are other penalties under 
the provisions of this act. 

Section 11. Whenever, because of the violation of 
any of the requirements of this act, any person shall 
be convicted for a first offense and a penalty be im- 
posed, and the defendant shall neglect or refuse to 
at once pay said amount, together with the costs of 
prosecution, in lawful money of the United States, he 
shall at once be committed to the common jail of 
the county in which the conviction is secured, for 
a period of one day for each dollar of penalty im- 
posed ; unless he shall enter into good sufficient re- 
cognizance to either pay the penalty and costs, within 
a period of ten days after the date of said conviction, 
or to certiorari the proceedings under the forms of 
law, or to carry the case to a higher court on appeal, 
under the provisions of section fourteen of article five 
of the Constitution and the laws of Pennsylvania re- 
lating thereto. For the second or any additional 
offense after the first offense the defendant shall, in 
addition to the penalty prescribed for the first offense, 
suffer an imprisonment of one day in jail for each 
dollar of penalty imposed: Provided, That in every 
case of a conviction for violation of any of the pro- 
visions of this act, wherein the defendant suffers im- 
prisonment in lieu of a cash payment of the penalty 
imposed, or fails to pay the costs of prosecution, all 
traps, guns, boats, decoys, shooting paraphernalia, 
or other appliances used in violation of the law, and 



Proviso. 



Resisting 
arrest, etc. 



Penalty. 



Refusal to 
pay penalty. 



First of- 
fense. 



Second or 
subsequent 
offense. 



36 



GAME, FISH AND FORESTRY LAWS. 



Forfeiture 
of traps, 
guns, boats, 
etc. 



Disposition 
of fees. 

Wild bird 
and game 
protection, 
etc. 

Payment of 
bounties. 



Funds avail- 
able to use 
of Game 
Commission. 



Requisition. 



Warrant. 



found in his possession at the time of arrest or proven 
to have been used in violation of law, shall be and 
they are hereby declared forfeited to the Common- 
wealth of Pennsylvania ; and shall be either destroyed 
or sold, as the Board of Game Commissioners may 
consider best, and the money secured through such 
sale shall be applied by said Board, first, to the pay- 
ment of the costs incurred, and the remainder, if any, 
be deposited with the State Treasurer, to be used for 
the purposes herein otherwise provided ; the defendant 
being entitled, for the first offense only, to the credit 
of one day off his imprisonment for each dollar so de- 
posited with the State Treasurer. 

Section 12. As amended by the act of July 11th, 
1917, P. L. 796. 

Section 12. All license fees collected under the pro- 
visions of this act, and all fines and penalties imposed 
and collected for violation of any of its provisions, 
shall be paid to the State Treasurer as hereinbefore 
designated, who shall keep the moneys thus collected 
as a fund separate and apart, solely for the purpose 
of wild bird and game protection, for the creation and 
maintenance of game sanctuaries, for the purchase, 
propagation and feeding of game and wild birds, and 
the payment of bounties, under the supervision of 
the Board of Game Commissioners of the Common- 
wealth of Pennsylvania, as provided for by the laws 
of this Commonwealth ; and all moneys , and all bal- 
ances, now in such fund from moneys already paid 
into the State Treasury, through or because of this 
act, or that may hereafter be paid into the said fund, 
and not needed for the payment of bounties, as pro- 
vided for by the law of this Commonwealth, are made 
available as soon as paid into the State Treasury, 
and are hereby specifically appropriated to the use of 
the Board of Game Commissioners, for the several 
purposes before-mentioned, and shall be paid to the 
use of said Board, monthly in advance, upon requisi- 
tion by its Secretary. The Auditor General shall, 
upon requisition from time to time of the Secretary 
of the Board of Game Commissioners, and the proper 
accounting for moneys already advanced from the 
fund, draw his warrant upon the State Treasurer 
for the amount specified in such requisition ; not ex- 
ceeding, however, the amount in such fund available 
for the purpose before -mentioned at the time such 
requisition is made. 



GAME, FISH AND FORESTRY LAWS 



37 



Summary 
conviction. 



Affidavit. 



Section 13. Each and every magistrate, justice of 
the peace, and alderman, within this Commonwealth, 
shall have power of summary conviction in matters 
pertaining to violation of any of the provisions of this 
act. All actions for violations of any of the provisions 
of this act, excepting where the. defendant is taken in 
the act of violating the law, or in a pursuit immedi- 
ately following such violation, shall be commenced by 
affidavit made within one year after the date of such 
violation ; and any magistrate, justice of the peace, 
or alderman, in this Commonwealth, on complaint 
made before him, by affidavit by one or more persons 
of a violation of any of the provisions of this act by 
any person, is hereby authorized and required to issue 
his warrant, under his hand and seal, directed to warrant 
any constable, police officer, game protector, or any 
officer of the Commonwealth whose duty it is to pro- 
tect game and wild birds of the Commonwealth, and 
cause such person to be brought- before him, such 
magistrate, justice of the peace, or alderman, who 
shall hear the evidence and determine the guilt or Hearing 
innocence of the person accused ; and if such person 
be convicted of the offense charged, he shall be sen- 
tenced to pay the full penalty prescribed by the section 
violated, together with the costs of prosecution. All 
penalties thus recovered, in cases where the prosecu- 
tor is a salaried officer of the Commonwealth, shall 
be immediately surrendered by the court receiving the 
same to the prosecutor, who in turn, as soon as may 
be, shall forward or deliver such amount in full to 
the Secretary of the Board of Game Commissioners 
at Harrisburg. Where any officer of the Common- 
wealth, other than a salaried officer, is the prosecu- 
tor, the penalty shall be, as soon as the case is fully 
determined before him, forwarded by such magistrate, 
justice of the peace, or alderman to the Secretary of 
the Board of Game Commissioners at Harrisburg, to- 
gether with a statement of the cause for which such 
money shall have been collected, the cost of which 
statement is hereby fixed at fifty cents and made a 
part of the costs of prosecution ; and it shall be the 
duty of said Secretary of the Board of Game Commis- 
sioners to at least once a month make return of 
moneys thus collected to the State Treasurer, to be 
applied to the purposes otherwise provided for in this 
act. Each and every defendant convicted on appeal conviction 
before any court of this Commonwealth shall be sen- on appeal. 



Disposition 
of penalty. 



38 



GAME, FISH AND FORESTRY LAWS 



Proviso. 



Acknowledg- 
ment of 
offense. 



Receipt. 



Repeal. 



tenced to pay the penalty imposed by the section vio- 
lated, or to undergo imprisonment in the common 
jail of the county for one day for each dollar of 
penalty imposed and unpaid: Provided, That any 
person charged with violating any provision of this 
act may sign an acknowledgment of the offense com- 
mitted, either before or after the beginning of suit, 
and pay to any duly appointed and commissioned Game 
Protector, Deputy or Special Deputy Game Protector, 
the penalty in full, as fixed by the act, together with 
the cost accruing to the State to that date; and the 
printed receipt therefor, which shall in every instance 
bear the imprint of the Seal of the Board of Game 
Commissioners of Pennsylvania, and the signature of 
its Secretary, shall be evidence of full satisfaction of 
the offense committed: Provided further, That when 
any person or persons are arrested for any violations 
of the provisions of any section of this act, the party 
or parties making said arrests shall immediately there- 
after take, or cause to be taken, the parties so ar- 
rested to the nearest justice of the peace, magistrate, 
or alderman, for hearing upon the charge upon 
which said person or persons were arrested. 

Section 14. All acts or parts of acts inconsistent 
with the provisions of this act are herebv repealed. 

Approved— The 17th day of April . A . D . 1913 . 

JOHN K. TENER. 



AN ACT 



Act June 6, 
1913, P. L. 
454. 



Firearms. 

Prohibition 
of the use 
of upon 
lands of 
ho^njrtal, 
n'irk, or re- 
sort. 



To prohibit the use of firearms of any description upon 
lands set apart to hospital, or sanatorium, or park, 
or resort uses, whereon human beings congregate 
in the open, in quest of health, recreation, or 
pleasure in this Commonwealth, and providing pen- 
alties for violation of its several provisions. 

Section 1. Be it enacted, &c, That, from and 
after the passage of this act, it shall be unlawful for 
any person within this Commonwealth, at any time 
of the year, to discharge a shotgun or a rifle, or a 
firearm of any description, except in defense of per- 
son or property, or by the written consent of the 
owner or person controlling the same upon the 
grounds belonging to, or connected with and controlled 
by, those operating a public or private hospital or 
sanatorium, or park or resort, set apart to the use of 



GAME, FISH AND FORESTRY LAWS 



39 



the public either free or otherwise, and upon which 
human beings congregate in the open, in quest of 
health, recreation, or pleasure,— such lands being 
surrounded by a marker, either a fence or single 
wire, or a marker of any description that will clearly 
designate tbe boundaries thereof, and a line of notices 
printed upon cloth, or painted, and posted not to 
exceed dne hundred yards apart along said marker, 
calling attention to the fact that the land within such 
enclosure has been set apart for a specific purpose 
(naming it), and that shooting upon such property 
is prohibited: Provided, That no privileges may be 
given by those owning or operating such lands to any 
person to hunt for or shoot at either animals or 
birds classed as game, in this Commonwealth, upon 
such property. I^ach and every person violating any 
provision of this act shall be guilty of a misdemeanor; 
and upon conviction shall be liable to a penalty of 
twenty-five dollars for the first offense, or, in lieu 
thereof, shall suffer an imprisonment in the common 
jail of the county of one day for each dollar of pen- 
alty imposed for the first offense, and for the second 
and each succeeding offense after the first offense, 
shall, in addition to the penalty imposed for the first 
offense, undergo an imprisonment of one day in jail 
for each dollar of penalty imposed, no matter whether 
the penalty in cash be paid or not. 

Section 2. Each and every State policeman, local 
policeman, constable, game protector, or any other 
peace officer, in this Commonwealth, is herewith 
given authority to, and it is made his duty to, arrest 
without warrant any person caught in the act of 
violating any provision of this act, and to follow the 
usual course of serving a warrant, arresting, and 
prosecuting persons charged with misdemeanors in 
this Commonwealth in all cases where the informa- 
tion of such violation is by any other person brought 
to the attention of the officer. 

All penalties collected for violation of any provision 
of this act shall be delivered to the county treasurer of 
the county in which the conviction is secured, to be 
used as other funds belonging to the county are used. 

Section 3. All acts or parts of acts inconsistent 
with the provisions of this act are hereby repealed. 

Approved— The 6th day of June, A. D. 1913. 

JOHN K. TENER. 



Marker of 
boundaries. 



Proviso. 



Penalty. 



Officer au- 
thorized to 
arrest -with- 
out warrant, 
etc. 



Repealed. 



40 



GAME, FISH AND FORESTRY LAWS, 



Act April 9, 
1915, P. L. 
73. 



Counties 
given the 
right to 
close to 
hunting for 
a term of 
years. 

Elk, deer, 
squirrels, 
and certain 
game-birds 



P-otection 
of. 



Petition 
asking the 
right to 
close. 



Closure of 
county. 



Blanks. 



Publicity. 



AN ACT 

To provide for the better protection and preservation 
of deer and elk, squirrels, and certain birds classed 
as game-birds, within the Commonwealth; provid- 
ing a method through which certain lands in the 
Commonwealth may be closed to hunting for a term 
of years ; and prescribing penalties for violation of 
its several provisions. 

Section 1. Be it enacted, &c, That from and after 
the passage of this act, the Board of Game Commis- 
sioners of this Commonwealth shall have the power 
and authority to close, for a term of years, to the pur- 
pose of hunting elk, and deer, squirrels of all kinds, 
and wild turkey, and ruffed-grouse, and quail, com- 
monly called Virginia partridge, and ring-necked 
pheasant, and Hungarian quail, or either of them, as 
may appear necessary to the citizens of any county of 
this Commonwealth, for the purpose of adding to the 
protection of such animals and birds, or either of 
them, and assist in their increase in the county where- 
in such citizens may reside. 

Section 2. That whenever at least two hundred citi- 
zens of any county in this Commonwealth shall, 
through written petition, certify to the Board of Game 
Commissioners that, in their opinion, an absolutely 
closed season is necessary to insure the better pro- 
tection and consequent increase of elk and deer, and 
squirrels of all kinds, and wild turkeys, and ruffed- 
grouse, and quail, and ring-necked pheasant, and 
Hungarian quail, or either of them, in a wild state, in 
that county in which such citizens may reside, and 
.asking that such county be closed to hunting for a 
period, the Board of Game Commissioners shall for- 
ward to said petitioners and others a blank form 
setting forth such questions as they may consider 
best suited to determine the quantity of game and 
game conditions in the county in question, and the 
necessity for closing said county to hunting ; which 
said forms, with replies to entitle such answer to 
consideration before said Board of Game Commis- 
sioners, shall be returned to said Board on or before 
the return day as fixed upon said forms. Such pe- 
titioners shall also publish, for at least three con- 
secutive weeks, at their own expense, in at least 
two prominent newspapers in the county to be closed, 



GAME, FISH AND FORESTRY LAWS. 

\ 

the statement that such petition has been filed, with 
its purpose, and the return day for information as 
fixed by the Board of Game Commissioners ; and shall 
file with said Board duly certified copies of such no- 
tices, as published in each newspaper, on or before 
said return day. If the written answers as returned 
shall fail to satisfy said Board of Game Commis- 
sioners that such closed season is necessary, or those 
opposing such action shall demand a hearing before 
said Board, then a hearing shall be had, upon such 
date, and at such place within the county to be af- 
fected, as may be decided upon by the said Board of 
Game Commissioners, the expense of such hearing to 
be paid by those demanding the same. If, after the 
receipt of the written answers, or the public hearing, 
or both, the Board of Game Commissioners shall be 
satisfied such closed season is necessary to insure the 
better protection of elk and deer, squirrels of all 
kinds, and wild turkeys, and ruffed-grouse, and quail, 
and ring-necked pheasant, and Hungarian quail, 
found in a wild state, and their consequent increase, 
in said county, they arc herewith empowered and di- 
rected to declare a closed season, not to exceed five 
years, for elk and deer, and wild turkeys, and ruffed- 
grouse, and quail, and ring-necked pheasants, and 
Hungarian quail, or either of them, found in a wild 
state within said county. 

Th* 1 Board of Game Commissioners, to make such 
closed season effective and binding, shall be required 
to publish annually their decision and action regard- 
ing this matter, in at least three newspapers, if 
there be that many, in each county affected thereby, 
and to have notices of such ruling, declaring such 
county closed to hunting, printed and annually dis- 
tributed in reasonable numbers throughout the af- 
fected territory. 

Each and everv person violating any of the pro- 
visions of su^h ruling made by the Board of Game 
Commissioners, under the reouirements of this act, 
shall bf* liable to a penaltv of three hundred dollars 
for each elk. and two hundred dollars for each deer, 
and twenty-five dollars for each somrrel or bird, 
taken, killed, wounded, or attempted to be taken, 
killed, or wounded, upon said closed territory. 



41 



Certified 
copies of 
notice. 



Hearing. 



Closed sea- 



Publiontion 
of decision 



Distribution 

of notices. 



V ; olations 



Penaltif 



42 



GAME, FISH AND FORESTRY LAWS. 



Summary 
conviction. 



Actions. 
Affidavit. 



Penalties, 
reposition 
of. 



Section 3. Each and every magistrate, justice of 
the peace, and alderman within this Commonwealth 
shall have the power of summary conviction in mat- 
ters pertaining to violation of any of the provisions 
of this act. All actions for violations of any of the 
provisions of this act, except where the defendant 
is taken in the act of violating the law, or in a pur- 
suit immediately following such violation, shall be 
commenced by affidavit made within two years after 
the date of such violation; and any magistrate, 
justice of the peace, or alderman in this Common- 
wealth, on complaint made before him, by affidavit, 
by one or more persons, of a violation of any of the 
provisions of this act by any person, is hereby au- 
thorized and required to issue his warrant, under 
his hand and seal, directed to any constable, po- 
lice officer, game protector, or any officer of the Com- 
monwealth whose duty it is to protect the game and 
wild birds of the Commonwealth, and cause such per- 
son to be brought before him, such magistrate, jus- 
tice of the peace, or alderman, who shall hear the 
evidence and determine the guilt or innocence of the 
person accused ; and if such person be convicted of 
the offense charged he shall be sentenced to pay the 
full penalty prescribed by the section violated, to- 
gether with the costs of prosecution. All penalties 
thus recovered, in cases where the prosecutor is a 
salnried officer of the Commonwealth, shall be im- 
mediately surrendered by the court receiving the same 
to the prosecutor, who in turn, as soon as may be, 
shall forward or deliver such amount in full to the 
Secretary of the Board of Game Commissioners at 
Harrisburg. Where any citizen of the Common- 
wealth, other than a salaried officer, is the prose- 
cutor, one-half of any penalty thus collected shall be 
paid to such prosecutor by the court receiving the 
same; and the remaining one-half shall be, as soon as 
the case is fully determined before him, forwarded by 
such magistrate, justice of the peace, or alderman to 
the Secretary of the Board of Game Commissioners at 
Harrisburg, together with a statement of the cause for 
which such money shall have been collected, the cost 
of which statement is hereby fixed at fifty cents and 
made a part of the costs of prosecution ; and it shall 
be the duty of said Secretary of the Board of Game 
Commissioners to, at least once a month, make return 
of moneys thus collected to the State Treasurer, who 



GAME, FISH AND FORESTRY LAWS 



4a 



shall keep the moneys thus collected as a fund sepa- 
rate and apart, solely for the purpose of wild bird 
and game 'protection, and for the purchase and propa- 
gation of game, under the supervision of the Board of 
Game Commissioners of the Commonwealth of Penn- 
sylvania, and for payment of bounties under the pro- 
visions of law. The several purposes to which the 
fund so received by the State Treasurer shall be ap- 
plied to be clearly designated by an act of the Legis- 
lature, either in the general appropriation act or by 
separate appropriation for the payment of bounties. 
Any prosecutor or defendant being dissatisfied with 
the finding of the magistrate, justice of the peace, 
or alderman, in a trial for violation of any provision 
of this act, shall be entitled to an appeal, under the 
provisions of section fourteen of article five of the 
Constitution, and the laws of Pennsylvania relating 
thereto ; which said court, on the conviction of the 
defendant of such offense, and his failure to pay the 
penalty in full imposed by this act, together with 
the costs of prosecution, shall commit such defendant 
to the common jail of the county for one day for 
each dollar of penalty imposed. Provided, That any 
person caught in the act, or charged with a violation 
of any provisions of this act, may at his discretion, 
either before or after the bringing of the suit, sign 
an acknowledgment of the offense committed, and pay 
to any duly authorized Game Protector or Deputy 
Game Protector the penalty in full, as fixed by the 
section violated, together with costs, if any, to date; 
and the receipt which he shall receive therefrom, and 
which in all instances shall bear the imprint of the 
seal of the Board of Game Commissioners and the sig- 
nature of its Secretary, shall be evidence of full 
satisfaction of the offense committed. 

Section 4. The act of the twenty-ninth of April, 
one thousand nine hundred and thirteen (Pamphlet 
Laws, one hundred and twenty), entitled "An act to 
provide protection and preservation of elk and deer ; 
providing a method through which certain lands in 
the Commonwealth "may be closed to hunting for a 
term of years, and prescribing penalties for violation 
of its several provisions," is hereby repealed: Pro- 
vided, however, That any counties which have already 
been closed for a term of years, under the provisions 
of said act, may remain closed under the provisions of 
this act for the term for which they have already 



Separate 
fund. 



Appeals. 



Proriso. 



Acknowl- 
edgment of 
offense. 



Repeal. 

Act of 
April 29, 
1913. 



44 



GAME, FISH AND FORESTRY LAWS. 



been closed, without taking any further action there- 
for; and all other laws, or parts of laws, inconsistent 
with the provisions of this act, are hereby repealed. 
Approved— The 9th day of April, A. D. 1915. 

MARTIN G. BRUMBAUGH. 



Act April 
15, 1915. P. 
L. 126. 



Noxious 
animals. 

Bounty for 
the killing 
of fox, 
wildcat, 



or mink. 

Procedure to 

secure 

bounty. 



Affidavit. 



AN ACT 

Creating a reward or bounty for the destruction of 
certain noxious animals killed within the Common- 
wealth of Pennsylvania ; providing a method for 
the payment of the same ; and providing the method 
of furnishing evidence of said destruction, and pen- 
alties for the violation of the several provisions 
hereof. 

Whereas, Frauds have been perpetrated upon the 
Commonwealth of Pennsylvania, under the act of July 
twenty-five, one thousand nine hundred and thirteen 
(Pamphlet Laws, one thousand and thirty-six), in the 
collection of bounties for the destruction of animals 
and birds purporting to be the animals and birds 
mentioned in said act, and large sums of money have 
been illegally obtained from the Commonwealth there- 
under ; therefore, — 

Section 1. Be it enacted, &c, That from and after 
the passage of this act, a reward or bounty shall be 
paid by this Commonwealth for the killing, within 
the Commonwealth only, of the following noxious 
animals: For each wild cat, the sum of six dollars; 
for each fox , the sum of two dollars ; for each 
weasel, the sum of one dollar, and for each mink, 
the sum of one dollar. 

Section 2. It shall be the duty of any person who, 
having killed within this Commonwealth one or more 
of the animals named in section one of this act, and 
being desirous of securing the reward or bounty named 
for such killing, as fixed by section one of this act, 
to produce such slain animal or animals, or the 
entire pelt thereof, before any Game Protector, or 
any justice of the peace or alderman or magistrate, 
within this Commonwealth, and to make affidavit that 
he or some member of his family, naming such per- 
son, killed the same — naming it — stating clearly the 
approximate time of such killing, and the fact that 



GAME, FISH AND FOKESTRY LAWS 



45- 



the place where such animal was killed — naming it — 
was within the Commonwealth of Pennsylvania, and 
that such animal was not reared in captivity. 

(a) Upon the production of such animal or pelt, 
and the making of such affidavit before a Game Pro- 
tector, such official shall, in the presence of the party 
making such affidavit, split the skin of the face of 
the animal, from between the eyes through the end 
of the nose, and shall return the pelt or skin thus 
mutilated to the person presenting same ; and shall 
fill out, in the name of the party making such af- 
fidavit, a certificate, directed to the Secretary of the 
Board of Game Commissioners at Harrisburg, setting 
forth clearly the fact that the provisions of this act 
have been complied with; giving the name of the 
animal killed, the name of the person killing it, 
the approximate time it was killed, and as nearly as 
possible the name of the place and county within 
the Commonwealth where it was thus killed ; and 
that such animal was not reared in captivity ; and 
the said game protector shall forward to the office 
of the Secretary of the Board of Game Commissioners 
at Harrisburg the certificate and the affidavit so 
taken by him. 

(b) Where the affidavit required by this act is made 
before a justice of the peace, or alderman, or magis- 
trate, such official shall include in one affidavit all 
claims for bounty that may be made by one person, at 
one time, not to exceed five, and shall receive, in 
full for services rendered, a fee of twenty-five cents, 
where but one animal is named in such affidavit. 
Where more than one animal is named in one af- 
fidavit, the fee shall be fifty cents ; such fee in all 
cases to be paid by the claimant for bounty. The 
affidavit shall preferably be made upon forms to be 
provided by the Board of Game Commissioners on 
demand by any justice of the peace or alderman or 
magistrate within this Commonwealth ; and all af- 
fidavits of this character shall, in all cases, clearly 
set forth the name of the animal killed for which a 
bounty is claimed, the name of the person killing 
same, the approximate time when such animal was 
killed, and as nearly as possible the name of the 
place and county within this Commonwealth where 
same was killed, and that such animal was not reared 
in captivity. Upon the completion of such affidavit 
and the payment of the fee as above stated, the 



Action be- 
fore a game 
protector. 



Certificate. 



Contents. 



Action be 
fore justice 
of the 
peace, alder- 
man or 
magistrate- 
Fees. 



Affidavit. 



Contents. 



Duty of 
official. 



46 



GAME, FISH AND FORESTRY LAWS. 



Duty of the 

Secretary. 



Requisitions. 



Bounty fund. 



Warrants. 



justice of the peace, or alderman, or magistrate, shall 
deliver said affidavit, and skin or pelt brought be- 
fore him, to the claimant for bounty ; who shall, as 
soon as may be, forward such affidavit and the skin 
or pelt of the animal or animals, for the killing of 
which a bounty is claimed and named in such af- 
fidavit, to the Secretary of the Board of Game Com- 
missioners at Harrisburg. It shall be the duty of 
the justice of the peace, or alderman, or magistrate, 
before whom any claim for bounty is made, to examine 
all skins or pelts presented to him, so that he may 
judge of the legality of the claim made ; but such 
official shall not split the face of any such skin, or 
in any manner mutilate same. 

Section 3. Upon the receipt of such affidavit or 
such certificate, or both, in proper form, the Secre- 
tary of the Board of Game Commissioners, being 
satisfied that the skins or pelts presented to him are 
the skins or pelts of animals for the killing of which 
a bounty is offered by this act, and that such claims 
are in all respects legitimate, shall return to the 
owner thereof all skins or pelts received by him ; 
and shall, at least once a month, draw his requisition 
upon the Auditor General, in favor of the persons 
named in said affidavits or certificates received by 
him, for the amount to which each claimant may be 
entitled, against the fund, hereinafter designated, 
paid into the State Treasury pursuant to the provi- 
sions of the act of April seventeenth, one thousand 
nine hundred and thirteen (Pamphlet Laws, eighty- 
five), from hunters' license fees, fines, and penalties 
collected under the provisions of said act; which, by 
section twelve thereof, are paid into the State Treas- 
ury, and kept "as a fund separate and apart, solely 
for the purpose of wild bird and game protection, and 
for the purchase and propagation of game under the 
supervision of the Board of Game Commissioners of 
the Commonwealth of Pennsylvania, and the payment 
of bounties under the provisions of law ;" which part 
of said fund devoted to the payment of bounties, to- 
gether with such other moneys as may, pursuant to 
other laws of this Commonwealth, be paid into the 
State Treasury for the payment of bounties, is herein- 
after designated as "Fund for the payment of boun- 
ties." 

Section 4. The Auditor General, upon presentation 
to him of the requisition of the Secretary of the Board 



GAME, FISH AND FORESTRY LAWS. 



47 



of Game Commissioners, shall draw his warrant upon 
the State Treasurer against the fund hereinafter desig- 
nated, received from the hunters' license fees, fines, 
and penalties, and other laws of this Commonwealth, 
as set out in the third section of this act of As- 
sembly, and hereinafter designated "fund for the pay- 
ment of bounties." 

Section 5. Pursuant to section twelve of the act 
of April seventeenth, one thousand nine hundred and 
thirteen (Pamphlet Laws eighty-five), providing for 
the licensing of hunters, which provides, "It being 
specifically provided that fifty per centum of any fund 
returned to the State through or because of the pro- 
visions of this act, or so much of said fifty per cen- 
tum as may be needed, shall be applied by the Legis- 
lature at its biennial sessions to the payment of 
bounties" one-half of the said sum hereafter re- 
ceived from all hunters' license fees, fines, and pen- 
alties, under the provisions of said act of Assembly, 
and all other fines and penalties set apart under any 
other laws of this Commonwealth for the payment 
of bounties, are hereby directed to be placed by the 
State Treasurer in a separate and special fund, to be 
designated and known as "fund for the payment of 
bounties;" and all of the moneys placed in said fund 
are declared to be available as soon as paid into the 
State Treasury, and are hereby specifically appro- 
priated for the payment of the bounties as provided 
by this act; and the Auditor General shall charge 
against the said fund all warrants drawn by him for 
the payment of bounties; and the State Treasurer 
is directed to pay out of said fund all of the war- 
rants so drawn by the Auditor General: Provided, Pro\ 
That the office expenses, clerk hire, postage, et 
cetera, necessary to the performance of the extra du- 
ties imposed by this act upon the Board of Game 
Commissioners, shall be a charge against the fund 
created by this act, and shall be paid upon requisi- 
tion of the Secretary of said Board, in the same form 
and manner as requisitions for bounty are paid. 

Section 6. The Game Protectors of the Common- Oaths 
wealth of Pennsylvania are hereby authorized and em- 
powered to administer the oath necessary to the prov- 
ing of the claims made, as provided by the section two 
of this act, but no charge for administering such 
oath is to be made by any of said Game Protectors. 



License fees 
fines and 
penaltie 



Fund for 
payment of 
bounties 



48 



GAME, FISH AND FORESTRY LAWS 



Violations. 



Section 7. No person shall at any time be paid 
a bounty for the killing of any animal named in this 
act, the front of the face of which is split before 
presentation to the persons authorized to take affi- 
davits under the provisions of this act; and no per- 
son shall at any time collect, or attempt to collect, 
a second bounty for the killing of any animal, under 
the provisions of this act; or shall attempt to collect 
such bounty through the presentation of the skin or 
carcass, or any part thereof, of an animal not named 
in this act, or through deception of any character; 
and it shall be unlawful for any person in this Com- 
monwealth to present, for the purpose of securing the 
bounty provided for by this act, the skin or carcass, 
or any part thereof, of an animal that has been 
reared in captivity, or the skin or carcass, or any 
part thereof, of any animal killed or captured out- 
side of this Commonwealth. Each and every person 
who shall wilfully or fraudulently collect, or attempt 
to collect, any reward or bounty provided for by this 
act, to which he or they are not legally entitled un- 
der the provisions of this act or shall aid or abet 
or assist in any capacity, official or otherwise, in an 
attempt to defraud the State through the collection or 
payment of any reward or bounty provided for by this 
act, shall be guilty of a misdemeanor, and, upon 
conviction thereof, shall, in addition to the penalty 
that may be imposed for perjury where a false af- 
fidavit is made, be sentenced to pay to the Common- 
wealth of Pennsylvania a fine of not less than one 
hundred dollars or more than five hundred dollars ; 
or, in default of the payment thereof, with costs, 
shall suffer an imprisonment in the common jail of 
the county in which the affidavit is made, for a 
period of one day in jail for each dollar of fine im- 
posed and unpaid. 

Section 8. The act of July twpnty-fifth, one thou- 
sand nine hundred and thirteen (Pamphlet Laws; one 
^ 0t i9l3 J thousand and thirty-six), entitled "An net creating a 
cited. J ' reward or bounty for the destruction of certain 

noxious animals and birds killed within the Common- 
wealth of Pennsylvania providing: a method for the 
payment of the same by the several counties of the 
Commonwealth, which in turn nre to be reimbursed by 
the Commonwealth : and providing penalties for vio- 
liepeai. lation of its several provisions," is hereby repealed, 



Perjury 
Penalty 



GAME, FISH AND FORESTRY LAWS. 

and all other acts, or parts of acts, inconsistent 
with this act, are also hereby repealed. 
Approved— The 15th day of April, A. D. 1915. 

MARTIN G. BRUMBAUGH. 



AN ACT 

Providing for the establishment, regulation, and main- 
tenance by the Board of Game Commissioners of A ct ^P ril _ 
State Game Preserves on the Forestry Reservations 
and elsewhere, and providing penalties for violation 
of this act. 



1915, 
135. 



Section 1. Be it enacted, &c, That the word 
"game," as used in this act, shall include wild ani- 
mals and wild fowl of every kind protected by the 
laws of Pennsylvania . 

Section 2. The Board of Game Commissioners may 
establish and maintain State Game Preserves J for the 
protection and propagation of game. Such State 
Game Preserves may be located on the State forests, 
or may be upon land leased by the Board of Game 
Commissioners for that purpose. 

Section 3. If a State Game Preserve is located on a 
State Forest, the consent of the Department of For- 
estry must be obtained therefor. 

Section 4. The State Game Preserves shall be at all 
times subject to regulations established by the Board 
of Game Commissioners, under its agreement with 
the Department of Forestry. 

Section 5. Each State Game Preserve upon a State 
forest shall be surrounded by a well-defined fire-line 
or clear strip of land, and by at least one wire at 
the boundary thereof. 

Section 6. On the boundary of each State Game 
Preserve there shall be posted, in conspicuous places, 
notices bearing the following, "State Game Refuge: 
Hunting is Unlawful." 

Section 7. The greatest transverse dimensions of- 
anv State Game preserve shall not exceed ten miles. 

Section 8. If the State Game Preserve is on a State 
Forest, it must not exceed in area one-half of the 
total area of the forest on which it is located. 



Game pre- 
serves. 



"Game" de- 
fined. 



Game-pre- 
serves. 



Consent of 
Department 
of Forestry. 

Regulations. 



Fire-line, 
etc. 



Dimensions 



50 



GAME, FISH AND FORESTRY LAWS. 



Right of 
-entry. 



Close season. 



Unlawful 

hunting, 

etc. 



Right of 
entry. 



Open season. 



Summary 
conviction. 



Fines. 



Additions, 
Vines 



Section 9. Any citizen may go upon a State Game 
Preserve, without fire-arms, at any time during what 
is known as the close season for game in Pennsyl- 
vania. For any purpose in compliance with the re- 
quirements of his respective official duties, and in any 
manner and at any time, and with or without fire- 
arms: (a) Any member or employe of the Depart- 
ment of Forestry may go upon any State Game Pre- 
serve located on a State forest and (b) any member 
or any employe of the Board of Game Commissioners 
may go upon any State Game Preserve wherever lo- 
cated . 

Section 10. Except as permitted by law in this 
State, it is unlawful to hunt for, or catch or kill or 
wound or drive, or attempt to catch or kill or wound 
or drive, any game within the limits of a State Game 
Preserve . 

Section 11. Except as otherwise permitted in this 
act, it is unlawful for any person to carry fire-arms 
within the limit of a State Game Preserve, or to take 
a dog of any kind upon a State Game Preserve, or, 
during the open season for game in Pennsylvania, 
to go upon the State Game Preserve, either with or 
without fire-arms. 

Section 12. Jurisdiction for summary conviction 
for violation of any of the provisions of this act is 
hereby specifically given to all aldermen, magistrates, 
and justices of the peace. 

Any person who shall be convicted summarily, by 
any alderman, magistrate, or justice of the peace of 
the county, of a violation of any of the provisions 
of this act, shall be sentenced to pay a fine as fol- 
lows:— 

If the defendant has willfully violated any of the 
provisions of this act, but has not killed any game, 
nor resisted arrest, nor refused to go with the ar- 
resting officer, nor interefered with the arresting 
officer, the fine shall be twenty-five dollars. 

In addition to the foregoing fine, the defendant shall 
pay a fine as follows: — 

If the defendant has killed or wounded, or at- 
tempted to kill or wound, a deer, the fine shall be 
one hundred dollars. If the defendant has killed or 
wounded, or attempted to kill or wound, a bear, 
the fine shall be fifty dollars. If the defendant has 
killed or wounded, or attempted to kill or wound, 



GAME, FISH AND FORESTRY LAWS 



51 



a game-bird of any kind, the fine shall be twenty -five 
dollars. If the defendant has resisted arrest for 
violation of the provisions of this act, or has refused 
to go with the officer making the arrest, or has in 
any manner interfered with the arresting officer, the 
fine shall not be less than one hundred dollars. In 
default of payment of the fine, the defendant shall be 
sentenced to imprisonment at the rate of one day for 
each dollar of the fine and costs. 

The person convicted may appeal to the court of 
quarter sessions, upon allowance of a judge thereof, 
on cause shown. 

Section 13. If the prosecutor is a paid Game Pro- 
tector, the fine shall be paid to the prosecutor, who 
shall forward it to the Secretary of the Game Com- 
mission, who shall pay it into the State Treasury, 
for the use of the Game Commission as hereinafter 
provided. 

Section 14. If the prosecutor is other than a paid 
Game Protector, one-half of the fine shall go to the 
prosecutor, and shall be paid to him by the alder- 
man, magistrate, or justice receiving the same. The 
remaining half of the fine shall be forwarded within 
ten days to the Secretary of the Game Commission, 
who shall deposit it into the State Treasury. 

Section 15. Any person charged with the violation 
of any of the provisions of this act may, in his dis- 
cretion, sign an acknowledgment of the offense com- 
mitted, and pay to the duly authorized Game Pro- 
tector or Deputy Game Protector the proper fine in 
full, with costs to date. He shall receive for money 
so paid a printed receipt, which shall in all instances 
bear the seal of the Board of Game Commissioners 
and the signature of the Secretary of the Board. 
This receipt shall be evidence of a full satisfaction of 
the offense so committed. 

Section 16 Any person whose duty it is to protect 
the game of the Commonwealth, or any officer whose 
duty it is to preserve the peace of the Commonwealth, 
may arrest, without warrant, any person caught 
in the act of violating any provisions of this act, or 
in pursuit immediately following such violation ; and 
may seize all guns, shooting paraphernalia, dogs, 
boats, decoys, or other appliances used in violation 
of any provision of this act ; and may seize all game 
found either in possession or under control of the' 



Resisting 
arrest, etc. 



Appeals. 



'Payment of 



Acknowledg- 
ment of 
offense. 

Payment. 

Receipt. 



yrreat with- 
out war- 
rant. 



52 



Disposition 
of seizures. 



Forfeiture of 
game. 



Boats, guns, 
dogs, etc. 



Sale. 
Advertising. 



Disposition 
of funds. 



When owner 

escapes ar- 
rest. 



Forfeiture. 



Sale. 



GAME, FISH AND FORESTRY LAWS. 

suspected person, within this Commonwealth. All 
birds and animals, or parts thereof, not classed as 
game in this Commonwealth, thus seized, shall be 
held subject to the order of the Board of Game Com- 
missioners. All guns, boats, decoys, dogs, game, 
and shooting paraphernalia, seized when such arrest 
is made, shall be held subject to the determination 
ot the < proceedings instituted. Where the party ac- 
cused is convicted, all game seized shall be forfeited 
to the Commonwealth, and as soon as may be shall 
be forwarded to the most convenient hospital or to 
a hospital designated by the Secretary of the Game 
^Commission, for the use of the sick or injured there- 
in. Unless the fine and costs are paid, all such 
seized guns, boats, decoys, dogs and shooting para- 
phernalia shall be sold at public auction, after ad- 
vertising the same for five days, by at least five pub- 
lic handbills conspicuously posted in the city, borough 
or township wherein the conviction was secured. 
Ihe sale shall be held by or under the authority of 
the proper alderman, magistrate, or justice. The 
cost of such advertising shall be part of the costs 
of prosecution, and shall be collected as such Any 
fund thus arising shall be applied first to the payment 
ot the costs of prosecution, then to the payment of the 
fine imposed. The remainder, if any, shall be re- 
turned to the owner of the property seized . Where 
game, dogs, boats, decoys, or shooting paraphernalia 
ot any description shall be seized, and the owner 
thereof escapes arrest, and refuses to present himself 
and make claim to the property, all such game, after 
the lapse of three days after the seizure, shall be 
forfeited to the Commonwealth, and shall be sent 
to the most convenient hospital, for the purpose be- 
fore indicated in this section. All guns, dogs, boats, 
£ Q ?P^ ,, i ^ snootill £ paraphernalia thus seized 
shall be held for a period of ten days; after which 
time, if the owner thereof fail to appear and defend 
himself against the charges made, such property shall 
be sold m the manner prescribed for the sale of seized 
property after conviction. The fund arising from such 
sale shall be applied as in the case of the sale after 
conviction. The fact that imprisonment is suffered 
by any person convicted of violating any provisions 
of this act shall not prevent the sale of guns, dogs, 
bpats, decoys, or other shooting paraphernalia of 



GAME, FISH AND FORESTRY LAWS. 



53 



•any description, held as the property of the impris- 
oned party, and the application of the fund thus 
realized to the payment of the costs and the fine im- 
posed. 

Section 17. All fines collected for violation of any 
of the provisions of this act shall be paid to the 
State Treasurer, as hereinbefore designated, who 
shall keep the moneys thus collected as a fund sep- 
arate and apart, solely for the purpose of wild bird 
and game protection and for the purchase and propa- 
gation of game under the supervision of the Board 
of Game Commissioners. The several purposes to 
which the fund shall be applied shall be clearly desig- 
nated by act of Assembly. 

Section 18. The following acts are hereby totally 
repealed : — 

1. The act approved the eleventh day of May, one 
thousand nine hundred five, entitleJ "An act author- 
izing the Board of Game Commissioners of the Com- 
monwealth of Pennsylvania to establish and main- 
tain, within the forestry reservation of this Com- 
monwealth, preserves for the protection and propa- 
gation of deer, wild-turkey, partridge, quail, wood- 
cock, and wild-pigeons, and making an appropria- 
tion for the purpose of stocking and propagating the 
same." 

2. The act approved the fifteenth day of April, one 
thousand nine hundred seven, entitled "An act giving 
additional protection to the game of the State and 
wild birds, within the limits of 'preserves' created 
under the provisions of the act of May eleventh, one 
thousand nine hundred and five, and under the control 
of the Board of Game Commissioners, and prescribing 
penalties for violation of its several provisions." 

3. The act approved the fifteenth day of June, one 
thousand nine hundred eleven, entitled "An act to 
amend section one, and extend the provisions, of an 
act, entitled 'An act giving additional protection to 
the game of the State and wild birds within the 
limits of "preserves," created under the provisions 
of the act of May eleventh, one thousand nine hun- 
dred and five, under the control of the Board of 
Game Commissioners, and prescribing penalties for 
violation of its several provisions,' approved the 
fiftepnth day of April, Anno Domini one thousand nine 
hundred and seven. 

Approved— The 16th day of April. A. D. 1915. 

MARTIN G. BRUMBAUGH. 



Separate 
fund. 



Acts re- 
pealed. 



May 11, 
1905. 



April 15, 
1907. 



1911. 



54 



GAME, FISH AND FORESTRY LAWS. 



Act April 
21, 1915, P. 
L. 156, a3 
amended by 
the Act of 
May 29th, 
1917. P. L. 



Duty of For- 
esters, Forest 
Rangers, 
Game Pro- 
tectors, and 
Fish War- 
dens. 



Prosecutions. 



Powers of of- 
ficers extend- 
ed. 



Must report 
to their de- 
partment. 



AN ACT 

Extending the powers and duties of Foresters, Forest 
Rangers, Game Protectors, Deputy Game Protect- 
ors, Special Deputy Game Protectors, Fish- War- 
dens and Deputy Fish Wardens of this Common- 
wealth . 

Section 1. As amended by the act of May 29th, 
1917, P. L. 309. 

Section 1. Be it enacted, &c, That from and after 
the approval of this act, it shall be the duty of each 
Forester and Forest Ranger in this Commonwealth to 
enforce all the laws relating to forestiy, fish, and 
game; it shall be the duty of every Game Protector, 
Deputy Game Protector, or Special Deputy Game 
Protector, commissioned in this Commonwealth, to 
enforce all the laws relating to fish, game, and for- 
estry ; it shall be the duty of every Fish- Warden or 
Deputy Fish-Warden, commissioned in this Common- 
wealth, to enforce all the laws relating to game, fish, 
and forestry, under the direction of that department 
or commission into whose special care the interests 
of these several subjects have been entrusted, namely: 
All prosecutions for violation of laws relating to for- 
estry shall be brought under the direction of the 
Department of Forestry ; all prosecutions for violation 
of the fish laws shall be brought under the direction 
of the Department of Fisheries ; and all prosecutions 
for violations of the game laws shall be brought under 
the direction of the Board of Game Commissioners ; 
and, to that end, the powers of all the officers afore- 
said are hereby extended in such a way as to give 
them full authority to carry out the purposes of 
this act. It shall be the further duty of every such 
Forester, Forest Ranger, Game Protector, Deputy 
Game Protector, Special Deputy Game Protector, 
Fish Warden, and Deputy Fish Warden^ whenever 
such official may have knowledge of the violation of 
any of the aforesaid laws, forthwith to make a full 
and complete report thereof to that department under 
which such official may be commissioned ; which depart- 
ment, in case said law relates to a subject whose 
special care is entrusted to another department, shall 
at once forward such report to the appropriate de- 
partment charged with the enforcement of said law. 



GAME, FISH AND FORESTRY LAWS. 



55 



Neglect of 
duty. 



Misdemeanor. 



Every person connected with either the Department 
of Forestry, or with the Department of Fisheries, or 
with the Game Commission, and under pay of the 
Commonwealth, who shall refuse or neglect to safe- 
guard, in a reasonable way, the interests of the Com- 
monwealth relating to either forestry, or fish, or 
game and wild birds, as provided for and intended 
by this act, or who, without prejudice to the work 
of that department to which he may specially belong, 
shall refuse or neglect to investigate to a reasonable 
conclusion any violation of the laws of this Com- 
monwealth relating to either of the other departments 
named in this act that may be reported to him, or Penalty, 
who may refuse or neglect to make the reports re- 
quired by this act, shall be guilty of a misdemeanor, 
and for the first offense shall be liable to penalty of 
twenty-five dollars, or in lieu thereof to an imprison- 
ment of one day for each dollar of penalty imposed, 
and for the second offense to double the penalty im- 
posed for the first offense, and for the third offense 
shall be discharged from the service of the State; and 
it shall be the duty of the heads of the several de- 
partments mentioned in this act to notify the various 
employes of the State Government that may be under 
their control, and that are under the pay of the State, 
of the requirements of this act. 

Section 2. All acts or parts of acts inconsistent 
with this act, in so far as they relate to the various 
subjects and conditions considered by this act, and 
specifically changed by its provisions, are hereby re- 
pealed . 

Approved— The 21st day of April, A. D. 1915. 

MARTIN G. BRUMBAUGH. 



Employe 8 to 
be notified. 



Repeal. 



AN ACT 
Authorizing the Governor of the Commonwealth of 
Pennsylvania, through proclamation, to close any 
county or counties, or any section of any county of 
Pennsylvania, to hunting or fishing, or to close any 
stream or parts of streams to fishing, when such 
action is necessary to conserve either the health or 
welfare of our people or our natural resources. 
Section 1. Be it enacted, &c, That from and after 
the passage of this act, the Governor of Pennsyl- 
vania shall have authority, through proclamation, 



Art May 
14th. 1915. 
P. L. 530. 



Executive 
Department. 
Proclama- 
tion. 



56 



GAME, FISH AND FORESTRY LAWS. 



Closure of 
county or 
counties, or 
part thereof 
to hunting 
or fishing 
etc. 

Closure of 
streams to 
fishing. 

Violations. 

Penalty. 



Repeal. 



to close, for a period not to exceed one season at one 
time, any county or counties, or any section of any 
county, of this Commonwealth, to either hunting or 
fishing, or to close any stream or part of streams to 
fishing, because of excessive drouth and consequent 
danger from forest fires, low water, and the presence 
of contagions or infectious diseases, when such action 
may be necessary to conserve either the health or 
welfare of our people or our natural resources. 

Section 2. Each and every person wilfully violating 
any provisions of such proclamation shall be guilty of 
a misdemeanor, and upon conviction shall be liable to 
a penalty of not less than twenty-five dollars or more 
than one hundred dollars, or to imprisonment for not 
more than one year, both or either, as in the opinion 
of the court hearing the case may appear necessary. 

Section 3. All acts or parts of acts inconsistent 
with the provisions of this act are hereby repealed. 

Approved— The 14th dav of Mav, AD. 1915. 

MARTIN G. BRUMBAUGH. 



Act June 
1, 1915. 
P. L. 644. 



Wild birds 
and animals 
and game. 
Hunting for, 
etc. , by 
unnatural- 
ized foreign- 
born resi- 
dents. 

Possession or 
owning of 
dog prohibit- 
ed. 
Violation. 



AN ACT 

To give additional protection to wild birds and ani- 
mals and game within the Commonwealth of Penn- 
sylvania ; prohibiting the hunting for, or capture or 
killing, of such wild birds or animals or game by 
unnaturalized foreign-born residents ; forbidding the 
ownership or possession of dogs by any unnaturalized 
foreign-born resident within the Commonwealth; 
and prescribing penalties for violation of its pro- 
visions . 

Section 1. Be it enacted, &c, That it shall be un- 
lawful for any unnaturalized foreign-born resident to 
hunt for, or capture or kill, in this Commonwealth, 
any wild bird or animal, either srame or otherwise, of 
any description, excepting in defense of person or 
property ; and , to that end , it shall be unlawful for 
any unnaturalized foreign-born resident, within this 
Commonwealth, to either own or be possessed of a dog 
of any kind. Each person violating any provision of 
this section shall, upon conviction thereof, be sen- 
tenced to pay a fine of twenty-five dollars for each of- 
fense, or undergo imprisonment in the common jail 



GAME, FISH AND FORESTRY LAWS. 



5T 



of the county for the period of one day for each dollar 
of fine and cost. In addition to the before-named 
fine, all dogs of the before-mentioned kinds found in 
possession or under control of an unnaturalized for- 
eign-born resident, shall, upon conviction of such per- 
son, or upon his signing a declaration of guilt as pre- 
scribed by this act, be declared forfeited to the Com- 
monwealth of Pennsylvania ; and shall be either killed 
in a humane manner and disposed of by the officer 
making the complaint, at the cost of the owner, or 
shall be turned over to the nearest agent of the society 
for the prevention of cruelty to animals, to be put to 
death in a humane manner. 

Section 2. For the purposes of this act, any un- 
naturalized foreign-born person who shall reside or 
live within the boundaries of the Commonwealth of 
Pennsylvania for ten consecutive days shall be consid- 
ered a resident, and shall be liable to the penalties im- 
posed for violation of the provisions of this act. 

Section 3. The possession of a dog at any place 
outside of buildings, within this Commonwealth, by 
an unnaturalized foreign-born resident, shall be con- 
clusive proof of a violation of the provisions of section 
one of this act, and shall render any person con- 
victed thereof liable to the fine as fixed by said sec- 
tion. 

Section 4. The presence of a dog in a room or house 
or building or tent or camp, of any description, within 
this Commonwealth, occupied or controlled by an un- 
naturalized foreign-born resident, shall be prima facie 
evidence that such dog is owned or controlled by the 
person occupying or controlling the property in which 
such dog is found, and shall render such person liable 
to the fine imposed by section one of this act. 

Section 5. Notice of the seizure of all dogs made for 
violation of any provisions of section one of this act 
shall be sent to the Board of Game Commissioners, at 
Harrisburg, by the officer making such seizure, im- 
mediately after the final verdict in any prosecution 
brought for violation of said provisions, or upon the 
signing of the acknowledgment of guilt as herein- 
after provided ; and the dog so seized shall be either 
killed in a humane manner and disposed of by the of- 
ficer making the complaint, at the cost of the owner, 
or shall be turned over to the nearest agent of the so- 
ciety for the prevention of cruelty to animals, to be 
put to death in a humane manner. 



Penalty. 



Forfeiture 
of dogs. 



Resident. 

Possession 

of a dog 

outside 

buildings. 

Violation. 

Fine. 



Presence of 
dog in 

room, house, 
tent, camp, 
etc. 
Violation. 



Fine. 



Seizure 
of dogs. 



58 



GAME, FISH AND FORESTRY LAWS. 



Sunday ar- 
rests. 



Power of 

summary 

conviction. 



Warrants. 
Jlearing. 

Sentence. 



Disposition 
of fines. 



Section 6. All duly appointed and sworn officers 
of the Board of Game Commissioners of this Common- 
wealth, and all constables, police officers, members of 
the State constabulary, forestry-wardens, fish-war- 
dens, and all peace officers of the Commonwealth, 
shall arrest, without warrant, any person whom they 
have good reasons to suspect as belonging to the class 
of unnaturalized foreign born residents, when they find 
such person with dogs in their possession within the 
Commonwealth of Pennsylvania. Such arrests may 
also be made upon Sunday, in which case the person 
or persons, so arrested, for safe-keeping may be com- 
mitted to the jail or lock-up for that day, but shall be 
taken before the proper magistrate and proceeded 
against on a week-day following the arrest. 

Section 7. Each magistrate, alderman, and justice 
of the peace within this Commonwealth shall have the 
power of summary conviction pertaining to the vio- 
lation of any of the provisions of this act. All actions 
for violntion of any of the provisions hereinbefore- 
mentioned, excepting where the defendant is taken 
in the act, or in a pursuit immediately following the 
act, shall be commenced within one year of the time 
of such violation. Each magistrate, alderman, and 
justice of the peace, on complaint made before him, 
on affidavit of any person, of a violation of the pro- 
visions of this act by any person, shall issue his war- 
rant, under his hand and official seal, directed to any 
constable, police officer, game protector, fish warden, 
or any other officer of the State known as a police 
officer and authorized to serve warrants, and cause 
such person to be brought before such magistrate, 
alderman, or justice of the peace, who shall hear the 
evidence and determine the guilt or innocence of the 
party charged. If the accused be convicted of such 
offense, he shall be sentenced to pay the fine pre- 
scribed by the section violated, and to pay all costs of 
prosecution. All fines collected in cases where the 
prosecutor is a paid officer of the Commonwealth 
shnll be immediately surrendered by the court re- 
ceiving the same to such prosecutor, who in turn 
shall, as soon as may be, forward or deliver such 
amount in full to the Secretary of the Board of Game 
Commissioners, who shall at once deposit the same 
in the State Treasury, where it shall be kept separate 
and apart as a part of a fund to be used solely for 
the protection and propagation of game under the 



GAME, FISH AND FORESTRY LAWS. 



59 



direction of the Board of Game Commissioners. 
Where any other than a paid officer of the Common- 
wealth is the prosecutor, one-half of any fine thus 
collected shall belong to said prosecutor, and be paid 
to him. The remaining one-half shall be forthwith 
forwarded to the Secretary of the Game Commission 
at Hnrrisburg, together with a statement of the cause 
for which said money shall have been collected. The 
cost of which statement is hereby fixed as fifty cents, 
and made a part of the costs of prosecution. It 
shall be the duty of the Board of Game Commissioners 
to keep a record of the cases for which said money 
was collected, and to deliver the fund thus arising, 
at least once a month, to the State Treasurer, who 
shall keep it separate and apart as a part of a fund 
to be used solely for the protection and propagation 
of game under the direction of the Board of Game 
Commissioners. Any defendant refusing to pay such 
fine, with the costs of prosecution, shall be com- 
mitted to the common jail of the county, for a period 
of one day for each dollar of fine imposed, unless he 
shall enter a good and sufficient recognizance, with 
one or more sureties, to pay such fine within ten 
days, or to answer such complaint, upon the charge 
of misdemeanor, before the court of quarter sessions 
of the peaoe, county in which the offense was com- 
mitted. Such court, upon conviction of the defendant 
of surh offense, on his failure to pay the fine imposed, 
together with the costs of prosecution, shall commit 
such defendant to the common jail of the county, for 
a period of one day for each dollar of fine and costs. 
Any person charged with violation of any of the pro- 
visions of this act, may, at his discretion, sign an 
acknowledgment of the offense committed, and pay 
any duly sworn Game Protector the fine in full, as 
fixed by the section violated, with costs to that date. 
The printed receipt therefor, which shall in every 
instance bear the seal of the. Board of Game Com- 
missioners and the signature of its Secretary, shall be 
evidence of full satisfaction for the offense committed. 
Approved— The 1st day of June, A. D. 1915. 

MARTIN G. BRUMBAUGH 



Statement. 



Record. 



Refusal to 
pay. 



Commitment. 

Acknowledg- 
ment of of- 
fense. 

Payment. 
Receipt. 



60 



GAME, FISH AND FORESTRY LAWS. 



Act May 3, 
1917, P. L. 
151. 



Game Com- 
mission. 



Non-resident 
hunters. 



Application 
for license. 



Fee. 

Non-RosKlmt 
Hunter's Li- 
cense. 

Tag. 

County treas- 
urer's com- 
mission. 



T>isTX)sition 
of fees. 



Statement. 



AN ACT 

For the better protection of wild animals and birds and 
game within this Commonwealth ; requiring non-resi- 
dents to procure a license before hunting in this 
Commonwealth ; providing penalties for violation 
of any of its several provisions; and prescribing 
the disposition of license fees and penalties received . 

Section 1. Be it enacted, &c, That, from and after 
the passage of this act, it shall be unlawful for any 
person residing outside of this Commonwealth to hunt 
for wild birds or wild animals of any kind found in 
the fields, in the forests, or on the waters of this 
Commonwealth, with firearms, or with a device of any 
kind propelling with force a leaden or metal pellet 
or bullet, Or through the use of traps, or, except in 
the defense of person or property, to shoot at or kill, 
or pursue with intent to take, kill, or wound, any 
such wild birds or wild animals, thus found with- 
in this Commonwealth, without first securing a li- 
cense to so do, in accordance with the provisions 
of this act. 

Section 2. Every non-resident of this Common- 
wealth, except as otherwise provided by the laws of 
this Commonwealth, — such person being a citizen of 
the United States — upon application made verbally or 
in writing to any county treasurer, or to the Secre- 
tary of the Game Commission at Harrisburg, and 
the presentation of proof that he is a citizen of the 
United States, and the payment of ten dollars to 
said county treasurer or Secretary of the Game 
Commission, shall be entitled to what is herein desig- 
nated as a "Non-Resident Hunters License," and a 
tag with the number of the licenre thereon, and said 
license and tag shall not be transferable 

For services rendered in issuing such license and 
tag, each county treasurer shall be entitled to re- 
tain five per centum of. all license fees received ; and 
shall, at least once a month, forward to the State 
Treasury, for purposes hereinafter designated, all 
balances from such fees in his hands; and shall, at 
the end of each week, forward to the Secretary of the 
Board of Game Commissioners at Harrisburg a state- 
ment, upon a form provided for sucn purpose by the 
Game Commission, giving the names of the parties re- 
ceiving non-resident licenses during that week, to- 
gether with their places of residence, their ages as 



GAME, FISH AND FORESTRY LAWS 



stated in the licenses, and the number of such li- 
censes issued to them. 

Section 3. Said license shall be issued on a form 
prepared and supplied by the Board of Game Commis- 
sioners at the cost of the Commonwealth, and shall 
a description of the person applying for the same, 
with the date of its issue, and shall authorize the 
person named therein to use legal firearms or traps 
for the purpose of hunting any of the wild animals 
or birds, either game or otherwise, of this Common- 
wealth, under the restrictions and requirements of 
existing laws, during that year, the date of which is 
inscribed thereon. Said certificate shall become void 
upon the thirty-first day of December next following 
the date of issue. The Game Commission shall also 
furnish free of charge, and the county treasurer shall 
issue, with each license, a tag bearing the license 
number, in figures at least one inch in height, which 
tag such licensee shall, at all times while either hunt- 
ing or going to or coming from such hunt, have 
attached to his outer garment, either at the back of 
of the sleeve, between the shoulder and elbow, or on 
his back, where the figures thereon can be readily 
seen. 

Section 4. Possession of a gun, or the setting or 
control of a trap of any kind, in the fields or in 
the forests or on the waters or on the highways 
of this Commonwealth, by non-residents of this Com- 
monwealth, without having secured the license re- 
quired by this act, duly issued in his or her name, 
shall be prima facie evidence of a violation of its 
provisions ; and shall render such person liable to 
display his license-tag, as aforesaid, and to show 
his non-resident hunters' license to any officer of 
this Commonwealth whose duty it is to protect the 
game and wild birds of the Commonwealth; or, upon 
demand by the owner or the lessee, or by the employe 
or representatives of such owner or lessee, upon whose 
lands such person may be found in this Common- 
wealth ; and for failure to display the license tag as 
provided for by this act, or for refusing or neglecting 
to comply with such request, such person neglecting 
or' refusing to display his license tasr, as aforesaid, and 
exhibit his non-resident hunter's license, or in any 
manner violating any provision of this section, shall 
be liable to the penalties imposed by this act for hunt- 
ing without a license. 



Form of li- 
cense. 



Authority. 



Term of li- 
cense. 



Tags. 

Display of 
tags. 



Evidence of 
violation. 



Display of 
tag. 



Exhibition of 
license. 



Refusal or 
neglect. 



Penalty. 



62 



GAME, FISH AND FORESTRY LAWS, 



Jurisdiction 
for summary 
conviction. 



Convictions. 



Penalties. 



Fine. 



Additional 
penalties. 



Elk. 



Deer. 
Bear. 
Game-bird. 



Resisting ar- 
rest, etc. 



Default in 
payment of 
fines. 



tppeals. 



Section 5. Jurisdiction for summary conviction for 
violation of any of the provisions of this act is hereby 
specifically given to all aldermen, magistrates, and 
justices of the peace. 

Any person who shall be convicted summarily, by 
any alderman, magistrate, or justice of the peace of 
the county, of a violation of any of the provisions of 
this act, shall be sentenced to pay a penalty as fol- 
lows : — 

If the defendant has violated any of the provisions 
of this act, but has not killed or captured any game 
or wild animal, nor resisted arrest, nor refused to go 
with the arresting: officer, nor interfered with the ar- 
resting officer, the fine shall be twenty-five dollars for 
each offense, and each day he may have so hunted con- 
trary to the provisions of this act shall be considered 
a separate offense. 

In addition to the foregoing fine, the defendant shall 
pay a penalty as follows: — 

If the defendant has killed or wounded an elk, the. 
penalty shall be two hundred dollars, with six months' 
imprisonment. If he has shot at an elk, but has not 
wounded or injured same, the fine shall be one hun- 
dred dollars. 

If the defendant has killed or wounded, or attempted 
to kill or wound, a deer, the fine shall be one hundred 
dollars. 

If the defendant has killed or wounded, or attempted 

to kill or wound, a bear, the fine shall be fifty dollars. 

If the defendant has killed or wounded, or attempted 

to kill or wound, a game-bird, of any kind, the fine 

shall be twenty-five dollars. 

If the defendant has resisted arrest for violation of 
the provisions of this act, or has refused to go with 
the officer m-iking the arrest, or has in any manner 
interfered with the arresting officer, the fine shall be 
one hundred dollars. 

In default of payment of the fine, the defendant shall 
be sentenced to imprisonment at the rate of one day for 
each dollar of the'fine, and costs. 

Either the prosecutor or defendant, being dissatis- 
fied with the finding of the magistrate, justice of the 
peace, or alderman, in a trial for a violation of any 
provision of this act, shall be entitled to an appeal, 
under the provisions of section fourteen of article five 
of the Constitution, and of the laws of Pennsylvania 
relating thereto. 



GAME, FISH AND FORESTRY LAWS 



Section 6. If the prosecutor is a paid game protec- 
tor, the fine shall be paid to the prosecutor, who shall 
forward it to the Secretary of the Game Commission, 
who shall pay it into the State Treasury, for the use 
of the Game Commission as hereinafter provided. 

Section 7. If the prosecutor is other than a paid 
Game Protector, one-half of the fine shall go to the 
prosecutor, and shall be paid to him by the alderman, 
magistrate, or justice receiving the same. The re- 
maining half of the fine shall be forwarded, by said 
alderman, magistrate, or justice of the peace, within 
ten days, to the Secretary of the Game Commission, 
who shall deposit it into the State Treasury, for pur- 
poses hereinafter designated. 

Section 8. Any person charged with the violation 
of any of the provisions of this act, may, in his discre- 
tion, sign an acknowledgment of the offense com- 
mitted , and pay to the duly authorized Game Protector 
or Deputy Game Protector, the proper fine in full, 
with costs to date. He shall receive for money so paid 
a printed receipt, which shall in all instances bear the 
seal of the Board of Game Commissioners, and the 
signature of the Secretary of the Board. This receipt 
shall be evidence of a full satisfaction of the offense 
so committed. 

Section 9. Any person whose duty it is to protect 
the game of the Commonwealth, or any officer whose 
duty it is to preserve the peace of the Commonwealth, 
may arrest, without warrant, any person caught in 
the act of violating any provisions of this act, or in 
pursuit immediately following such violation ; and may 
seize all guns, shooting paraphernalia, traps, dogs, 
boats, decoys, or other appliances used in violation 
of any provision of this act; and may seize all birds 
or animals, game or otherwise, found either in pos- 
session or under control of the suspected person, 
within this Commonwealth. All guns, traps, boats, 
decoys, dogs, game, and shooting paraphernalia 
seized when such arrest is made, shall be held subject 
to the determination of the proceedings instituted. 
Where the party accused is convicted, all game seized 
shall be forfeited to the Commonwealth ; and as soon 
as may be shall be forwarded to the most convenient 
hospital, or to a hospital designated by the Secretary 
of the Game Commission, for the use of the sick or 
injured therein. 



Disposition of 
fines. 



Disposition 
of fines. 



Acknowledg- 
ment of 
offense. 



Receipt. 



Arrests. 



Dispositioo 
of guns, 
traps, etc 



Game. 



GAME, FISH AND FORESTRY LAWS 



Sale at auc- 
tion. 



Disposition 
of fund. 



Forfeitures. 



Sale. 



In case of 
imprison- 
ment. 



Disposition 
of fees and 
fines. 



All birds and animals, or parts thereof, not classed 
as game in this Commonwealth, thus seized, shall be 
held subject to the order of the Board of Game Com- 
missioners . 

Unless the fine and costs are paid, all such seized 
guns, traps, boats, decoys, dogs, and shooting para- 
phernalia shall be sold at public auction, after adver- 
tising the same for five days by at least five public 
handbills conspicuously posted in the city, borough, 
or township wherein the conviction was secured. The 
sale shall be held by and under the authority of the 
Game Commission. The cost of such advertising shall 
be part of the costs of prosecution, and shall be col- 
lected as such. Any fund thus arising shall be ap- 
plied, — first, to the payment of the costs of prosecu- 
tion; then, to the payment of the fine imposed. The 
remainder, if any, shall be returned to the owner 
of the property seized. 

Where guns, traps, game, dogs, boats, decoys, or 
shooting paraphernalia of any description shall be 
seized, and the owner thereof escapes arrest, and re- 
fuses to present himself and make claim to the prop- 
erty, all such game, after the lapse of three days after 
the seizure, shall be forfeited to the Commonwealth, 
and shall be sent to the most convenient hospital, for 
the purpose before indicated in this section. All 
guns, traps, dogs, boats, decoys, and other shooting 
paraphernalia thus seized shall be held for a period of 
ten days; after which time, if the owner thereof 
fails to appear and defend himself against the charges 
made, such property shall be sold in the manner pre- 
scribed for the sale of seized property, after convic- 
tion. The fund arising from such sale shall be ap- 
plied as in the case of the sale after conviction . 

The fact that imprisonment is suffered by any per- 
son convicted of violating any provisions of this act 
shall not prevent the sale of guns, dogs, boats, 
decoys, or other shooting paraphernalia of any descrip- 
tion, held as the property of the imprisoned party, 
and the application of the fund thus realized to the 
payment of the costs and the fine imposed. 

Section 10. All license fees, and all fines collected 
for violation of any of the provisions of this act, shall 
be paid to the State Treasurer, as hereinbefore desig- 
nated, who shall keep the moneys thus collected as a 
fund separate and apart, solely for the purpose of wild 
bird and game protection, and for the purchase and 



GAME, FISH AND FORESTRY LAWS. 



propagation of game, under ^he supervision of the 
Board of Game Commissioners. The several purposes 
to which the fund shall be applied shall be clearly 
design.) ted by act of Assembly. 

Section 11. An act, entitled "An act requiring non- Act »f April 
resident hunters, and unnaturalized, foreign-born resi- 2 *. 1903 (P. 
dent hunters, to procure a license before hunting in f£ r 1/8 *' c l te * 
this Commonwealth, and providing penalties for vio- ' repea • 
lation of its provisions, and repealing an act approved 
the twenty-fourth day of April, one thousand nine 
hundred and one," approved the fourteenth day of 
April, one thousand nine hundred and three (Pamphlet 
Laws, one hundred seventy-eight), is hereby repealed. Repeal 

Approved— The 3d day of May, A. D. 1917. 

MARTIN G. BRUMBAUGH. 



AN ACT . 

Providing for the establishment of Auxiliary State 
Game Preserves. 



Act May 29. 
1917, P. L. 



Section 1. Be it enacted, &c, That hereafter, 
whenever the owner or owners of suitable lands of a 
total of not less than two hundred and fifty acres, nor 
more than two thousand acres, shall desire to have 
said lands declared a State Game Preserve, the Board 
of Game Commissioners may declare said lands an 
Auxiliary State Game Preserve. 

Section 2. The owner or owners of said lands shall 
petition the Board of Game Commissioners for the es- 
tablishment of said State Game Preserve. The peti- 
tion shall set forth that the owner or owners are will- 
ing to vest in the Commonwealth all right to hunt 
upon said lands, without any charge or remuneration 
whatever: that the owner or owners agree that neither 
they, their families, their agents, their tenants, nor 
any other pe*rsons, shall hunt thereon, by and with 
their authority ; and that they will make every effort 
to protect said preserve from hunting, and from viola- 
tions of any nature. The petition shall also set forth 
that all agreements therein shall continue in force for 
an uninterrupted period of not less than ten years, 
and such longer period as may be desired by the peti- 
tioners. 



Board of 
Game Com- 
missioners. 

Auxiliary 
State game 
preserves. 

Petition of 
owners of 
land. 

Contents »f 

petition. 



Term «f «ot 
less tha» 10 
years. 



GAME, FISH AND FORESTRY LAWS. 



Indorsement 
by fifty 
qualified 
electors. 



Agreement. 



Marker. 



Contents of 
notices. 



Publication 
in news- 
papers. 



Rpoomns 
State Onrae 
Preserve. 



Repeal. 



Section 3. The petition shall be in such form as may 
be required by the Board of Game Commissioners, and 
shall be indorsed by at least fifty qualified electors of 
the county wherein said lands may be located, and 
shall be presented to said board for their considera- 
tion and approval. 

Section 4. Upon investigation, if said Board is sat- 
isfied that such lands are suitable for the purpose men- 
tioned, and shall decide that the establishment of said 
Auxiliary State Game Preserve is advisable, they shall 
thereupon enter into an agreement with the owners, 
and shall declare said lands an Auxiliary State Game 
Preserve. They shall cause said lands to be sur- 
rounded by a single wire, as a marker, if same is not 
already surrounded by a suitable enclosure. They 
shall cause to be posted notices, not more than one 
hundred and fifty yards apart, in such form as may be 
deemed necessary by said Board. The notices shall 
set forth the fact that the lands enclosed have been 
approved as an Auxiliary State Game Preserve, and 
that hunting thereon is unlawful at all times. No 
Auxiliary State Game Preserve shall be established 
within a radius of five miles from another Auxiliary 
State Game Preserve. 

Section 5. The Board shall cause the proclamation 
declaring said lands an Auxliary State Game Preserve 
to be advertised in at least two newspapers of general 
circulation in the county wherein such preserve is 
located, one time each week, for three consecutive 
weeks. 

Section 6. The said Auxiliary State Game Preserve 
shall thereupon be deemed to be a public State Game 
Preserve; and all laws, rules, and regulations, and 
penalties for violation of the same, that now apply or 
shall hereafter apply to State Game Preserves, shall 
be deemed to apply to said Auxiliary State Game-Pre- 
serve . 

Section 7. All acts or parts of acts -inconsistent 
with the provisions of this act are herebv repealed. 

Approved— The 29th day of May, A. D. 1917. 

MARTIN G. BRUMBAUGH. 



GAME, FISH AND FORESTRY LAWS. 



Game. 



"Person" 
fined. 


de- 


Singular 

plural. 


and 


Oender. 




(Jame-bird* 



AN ACT 

To provide for the protection and preservation of Art «f June 
game, gome quadrupeds, and game-birds, and song J. 1917, p. l. 
and insectivorous and other wild birds, and pre- 572 - 
scribing penalties for violation of its several pro- 
visions. 

Section 1. Be it enacted, &c, That whenever in 
this act the word person is used, such word shall be 
taken to include every person, partnership, institu- 
tion, association or corporation, or the agent or agents 
or employe thereof. 

All words or terms in this act which refer to persons 
or individuals, and which are in the singular number, 
shall be taken to include the plural number, and the 
words of the plural number shall include the singular 
number. All words of a masculine gender shall be 
taken to include the feminine gender. 

The following shall be considered game-birds: The 
anatidae, commonly known as swan, geese, brant, and 
river and sea-ducks, and the pygopodes, known as 
loons and grebes,— the members of these two orders 
being commonly known as wild water-fowl, — the ralli- 
dae, commonly known as rails, coots, mud-hens, and 
gallinules; the limicolae, commonly known as shore- 
birds, plover, surf-birds, snipe, woodcock, sand- 
pipers, tattlers, and curlew; the gallinae, commonly 
known as wild-turkey, grouse, pheasants, partridges, 
and quail ; and the birds commonly known as reed 
birds and black-birds. 

The following shall be considered game-animals: 
The wapiti or elk, the deer, the bear, the wild rabbit, 
and hare: the red, gray, black, and fox squirrel, and 
the raccoon. 

The time during which game may be legally taken 
or killed shall be known as the open season ; and in the 
designation of seasons and other periods under this 
act, and under all other laws of this State for the pro- 
tection of game, such open season or period shall in- 
clude both the first and the last day or date men- 
tioned in the designation. 

The time during which game may not be legally 
taken or killed shall be known as the close season. 

Section 2. Whenever, because of a violation of any 
provision of this act, a person shall be convicted for 
a first offense and a penalty be impocpd. n.^<7 tfpfondin*- 
Bhall neglect or refuse to immediately pay said 



Game-aai- 
mals. 



"Opea sea- 
son" de- 
fined. 



"Cla«e sea- 
soa" defined. 

Violations. 

First affense. 

Peaaltjr. 



GAME, FISH AND FORESTRY LAAVS 



Second or 
other of- 
fense. 



Penalty. 



Prior convic- 
tion, or plea 
of guilty. 



Penalty. 



In case of 
imprison- 
ment. 



Forfeiture. 
Sale. 



Disposition 
ef money. 



amount, together with the costs of prosecution, in law- 
ful money of the United States, he shall be at once 
committed to the common jail of the county for a 
period of one day for each dollar of penalty and costs 
imposed ; unless he shall enter into good and sufficient 
recognizance to pay said penalty and costs within a 
period of ten days after the date of his said convic- 
tion, or shall certiorari the proceedings, or shall carry 
the case to a higher court on appeal, as provided for 
in this act. For the second or any other offense 
after the first offense the defendant shall, in addi- 
tion to the penalty prescribed for the first offense, 
suffer an imprisonment of one day in jail for each 
dollar of penalty imposed, and shall be denied the 
right to hunt for a period of two years from the date 
of his conviction, under a penalty of twenty-five dol- 
lars for each day such person may hunt contrary to 
this provision. 

Any person convicted or pleading guilty under the 
provisions of this act, who prior to its passage was 
convicted of a violation of the game laws, or who paid 
a penalty for a violation of such game laws on a signed 
acknowledgment of guilt and received a field-receipt 
therefor, shall be sentenced under this act in the same 
manner as a person convicted under the foregoing 
provisions relative to a second offense against this 
act. 

In every case of a conviction for violation of any 
provision of this act, wherein a defendant suffers im- 
prisonment in lieu of a cash payment of the penalty 
and costs imposed, all traps, guns, shooting parapher- 
nalia, boats, decoys and other appliances used in vio- 
lation of the law, and found or proven to have been 
either in possession or under control of the defendant 
at the time of such violation, shall be and they are 
hereby declared forfeited to the Commonwealth of 
Pennsylvania, and shall be sold under the direction of 
the Board of Game Commissioners, if possible in quan- 
tity sufficient to pay said penalty and costs ; and the 
money thus secured be applied by them, first, to the 
payment of the costs incurred, and the balance, if 
any, be deposited with the State Treasurer, for the 
purposes hereinafter designated ; the defendant being 
entitled to a credit of one day off his imprisonment for 
each dollar so deposited, for the first offense only. 
Any personal property belonging to such defendant, 
beyond that necessary to secure the payment of the- 



GAME, FISH AND FORESTRY LAWS 



said penalty and costs and the costs of sale, shall be 
returned to said defendant. 

Section 3. The game laws of this Commonwealth 
shall nut be construed to apply to any public zoologi- 
cal garden of the State, or to any public institution 
of the State wherein animals or birds may be main- 
tained alive, for educational purposes or for the pur- 
pose of scientific study or experiment ; or to the Board 
of Game Commissioners, or to its duly authorized 
agent acting for the State; and no law shall be held 
to prevent the Board of Game Commissioners, 
through its duly authorized agent, from destroying 
birds or animals destructive to game, in such manner 
as they may direct. Nor shall the penalties as at- 
tached to any game law be construed to apply to any 
person legally acting under the provisions of a certi- 
ficate issued by the Board of Game Commissioners, 
as provided for in this act; in which case the holders 
of such certificates shall be limited to the rights and 
privileges therein named. 

The said Board shall be empowered to grant certifi- 
cates, at their discretion, which shall be good for the 
term of one year from their date and shall not be 
transferable. These certificates may be issued to any 
person of known scientific attainment in ornithology, 
within the Commonwealth, or to the agent of any 
public museum in this Commonwealth, or to a 
teacher of ornithology in any school within this Com- 
monwealth, authorizing the holder thereof to take 
birds, their nests, and eggs for strictly scientific 
study ; or to any person desiring to raise game in 
captivity for propagation purposes, within the State; 
or to a person desiring to own or sell ferrets, or to a 
person qualified to practice taxidermy; and at the 
expiration of any of these licenses, the holder shall 
file a sworn statement, covering all his transactions 
under such license, before a renewal license may be 
granted in accordance with the following provisions: 

Section 4. A certificate, to be known as an Ordi- 
nary Certificate, may be granted by the Board of 
Game Commissioners to any properly accredited per- 
son, residing within the Commonwealth and legally 
authorized to act as the agent of any public museum 
within the Commonwealth; or to any one residing 
within the Commonwealth, who is a teacher of orni- 
thology in any school within the Commonwealth, per- 
mitting the holder thereof to collect wild birds other 



Game laws 
construed. 

When provi- 
sions of this 
act shall not 
apply. 



When penal- 
ties shall nr>t 
attach. 



Granting of 
certificates. 



Sworn state- 
ment hefore 
renewal. 

Ordinary 
Certificate. 



79 



GAME, FISH AND FORESTRY LAWS. 



Special *er- 
tificate. 



Violations. 



Apnlicatia* 
for certifi- 
cate. 

Fee. 

Ferrets. 



than game-birds, their nests and eggs, for mounting, 
for strictly scientific study, but not for sale or ex- 
change, or shipment from or removal out of this Com- 
monwealth, without the written consent of the Presi- 
dent of the Board of Game Commissioners. The num- 
ber of birds that may be taken under a certificate of 
this character shall be limited to eight of each species 
with nests to the number of two and the eggs found 
therein. 

A certificate to be known as a Special Certificate, to 
take birds for strictly scientific study, may be issued 
by the Board of Game Commissioners, and shall be 
controlled by the snme conditions and requirements as 
the Ordinary Certificate, excepting that such certifi- 
cate may be issued only to a person, residing within 
the Commonwealth, of known scientific attainment in 
ornithology ; in which case the holder thereof shall be 
authorized to take the wild birds and animals of this 
State, without limitation, for strictly scientific study 
or experiment, but not for sale or exchange, or ship- 
ment from or removal out of the State, without the 
written permission of the President of the Board of 
Game Commissioners. 

Persons having either of the above certificates, and 
taking a greater number of birds, their nests or eggs, 
than is permitted by this act, or the shipping of the 
same out of the State, or the sale of skins of such 
birds or parts thereof, either mounted or otherwise, 
excepting as herein provided, or in any manner 
violating any provision of this act, shall be subject 
to the penalties prescribed by existing law, in the 
same manner and to the same extent as though no 
certificate had been issued. Upon the conviction of 
the principal, therein named, of having violated any 
provision of this section relative to either of these 
certificates, the certificate shall become void, and the 
holder of such recalled certificate shall be denied a 
renewal thereof for a period of three years. 

In order to secure either an Ordinary or a Special 
Certificate, the person desiring same shall file with the 
Secretary of the Board of Game Commissioners a peti- 
tion asking that such privilege be granted to him, and 
shall pay to said Secretary one dollar. 

Section 5. It shall be unlawful for any person to 
breed t or sell ferrets , or in any manner to offer to sell 
ferrets, either for himself or as the agent of another, 
or to have a ferret in possession, except by virtue of a 



GAME, FISH AND FORESTRY LAWS. 



71 



license to be issued by the Board of Game Commiss- 
sioners ; which said license may be issued, at their 
discretion, by the said Board, upon application made 
by any person residing within this Commonwealth, 
and tbe payment of twenty-five dollars upon the part of 
a breeder of or a dealer in ferrets, and one dollar upon 
the part of such person as may desire to own a ferret 
without breeding same. Any person violating this 
section shall, upon conviction, be liable to a penalty 
of twenty-five dollars for each ferret bred for sale, 
sold, or in any manner offered for sale, or had in pos- 
session, contrary to this section. 

Section 6. Any person desiring to practice taxi- 
dermy for profit shall, before beginning such practice, 
secure from the Secretary of the Board of Game Com- 
missioners a certificate authorizing him to act thus ; 
and the possession of such certificate shall authorize 
such person to receive from any person the skin, or 
any part thereof, of any bird or animal that has been 
either legally or accidentally killed, and to tan or cure 
or mount the same, either himself or through any 
legitimate employe, for wages or hire; but no taxi- 
dermist or other person shall remove out of the Com- 
monwealth, or permit such removal out of the Com- 
monwealth, or sell such mounted specimen, before 
written permission to so do has been procured from 
the President of the Board of Game Commissioners. 

Proof of the fact that any person shall attempt to 
practice taxidermy for profit, or shall collect or at- 
tempt to collect either wild birds of the Common- 
wealth or the nests or the eggs of such, birds protected 
by the laws of this Commonwealth, without first se- 
curing the license required by this act, shall render 
such person liable to a penalty of twenty-five dollars 
for each offense, and, in addition to the fines and 
penalties imposed by the laws of this Commonwealth 
for the taking or killing during the close season of 
such bird or animal as may be found in his possession, 
or the interfering with birds'-nests, as the case may 
be. 

The holder of a certificate authorizing the practice 
of taxidermy shall be required, before a second or any 
other certificate shall be issued to him, to file with 
the Secretary of the Board of Game Commissioners, 
at Harrisburg an itemized statement in writing, un- 
der oath, of all skins or parts thereof of either wild 
birds or animals, either mounted by himself or under 



License. 
Fee. 



Violations. 
Penalty. 



Taxidermy 
f»c profit. 



Pronf ©f vio- 
la tioa. 



Penalty. 



Report from 
taxidermists 
before re- 
newal. 



72 



GAME, FISH AND FORESTRY LAWS. 



Failure to re- 
port or t© 
answer. 



Statement to 

accompany 

petition. 



Prapagatanj 
certificate. 



Fet-Mm. 



Pre»ists. 



his direction, or sold by him under the provisions of 
this act, with the name and place of residence of the 
persons from whom the same were received, and to 
whom such specimens were sold. He shall also answer 
truthfully and without evasion any question relative 
to the ownership of any specimen of bird or animal 
found in his possession or under his control, or that 
has passed through his hands, killed in this Common- 
wealth by any person other than himself, that may be 
asked him by an officer or representative of the said 
Board of Game Commissioners. A failure to so re- 
port or to answer the questions asked under the provi- 
sions of this section, shall be considered a just cause 
for refusal upon the part of the Board of Game Com- 
missioners to renew the certificate of any taxidermist. 
The petition necessary to the securing of such cer- 
tificate shall be accompanied by the written statement 
of at least two well-known citizens of the community 
in which said applicant may reside, certifying to the 
good character and fitness of said applicant to be en- 
trusted with said authority, and such applicant shall 
pav to the Secretary of said Board the sum of one 
dollar for such certificate. 

Section 7. A certificate, to be known as a Propaga- 
ting Certificate, may be issued by the Board of Game 
Commissioners to any accredited person residing with- 
in this Commonwealth, of the age of twenty-one years 
or upwards, permitting the holder thereof and his 
assistants to breed or raise game-quadrupeds or game- 
birds of any kind, both or either, and to sell the same, 
dead or alive, at any time within the Commonwealth, 
under the following restrictions and regulations: 

Any person or corporation or association desiring to 
raise either animals or birds classed as game for sale 
shall file with the Secretary of the Board of Game 
Commissioners, at Harrisburg, a petition asking for 
this privilege. 

In all cases where the premises intended to be 
used for this purpose are under the control of a com- 
pany or association, the petition shall bear the name 
of the president of such body, and the certificate shall 
be issued in his name. This_ petition shall be ac- 
companied by a written description of the premises 
to be used for such purpose, with the location; which 
said premises, in the matter of raising of small 
game, may be in such form as to the operator thereof 
seems best suited to his purposes, so Ions: as wild 
game is prevented from coming onto such property. 



GAME, FISH AND FORESTRY LAWS. 



73 



In the matter of the raising of deer or other large 
game the preserve shall, in all cases, be surrounded 
by a wire fence of approved pattern for game pre- 
serves, with a height of not less than eight feet, so 
constructed and maintained as to absolutely prevent 
wild deer from jumping into said preserve or in any 
manner passing into said preserve from the outside. 
It being also distinctly understood, that, before the 
fence surrounding any preserve of this character shall 
be completed or closed, all wild deer that may be 
found upon said territory shall be, as far as possible, 
driven therefrom by the owner of such lands, under 
the direction and supervision of an officer of the Game 
Commission. 

The bond hereinafter provided for shall be forfeited 
to the Commonwealth and the certificate become void 
upon the conviction of the principal therein named 
of having violated any provision of this section, or 
havine knowingly or negligently permitted any one 
to violate any of the game laws on said premises. 

Upon notification of the favorable consideration of 
this petition by the said Board, the applicant shall 
pay to said Secretary the sum of one dollar, and file 
a duly executed bond, properly secured, in the sum of 
five hundred dollars, conditioned for the faithful keep- 
ing, upon the part of the principal therein named and 
his employes upon said premises, of all the provisions 
of this section and all other game-laws of this State. 
He shall keep, as nearly as possible, a just and £rue 
account, in a book to be kept for that purpose only, 
of all game raised on said premises: a just and true 
account of all game brought to said premises from 
outside of the preserve, the number of birds or ani- 
mals, with the time they were received, the place 
from whenee they were shipped, and the name of the 
shipper. He shall keen a strict account of all game 
sold, its character, the number of birds or quadru- 
peds, the time and manner of shipment, with the 
name and address of the purchaser; and shall file 
with the Secretary of said Board, at Harrisburg, an 
itemized statement from the before-named book ac- 
count, under oath, at the close of every twelve 
months, beginning with the date of the certificate. 
Data thus collected shall be held strictly confidential, 
and shall be u«ed by said Board only for the purpose 
<*f satisfving themselves that the law relative to this 
subject is being obeyed within said preserve, or as 



Preserver. 
Fence. 



Forfeiture «f 
bond, etc. 



Violations. 



Keeord skall 
be kept. 



Itemized 
statement to 
be filed. 



74 



OAME, FISH AND FORESTRY LAWS. 



Inspecfckm. 



Refosal. 



Sale and 
shipping. 



Restrictions. 



Card or 
marker. 



Contents. 



Forwarding 
of card. 



Large game. 



Tag or mark- 
er. 



evidence in cases where they are satisfied the law is 
not being obeyed. 

The before-named book, together with the premises 
described and all game thereon, shall be open to in- 
spection upon demand of any member of the Board 
of Game Commissioners, or of its Secretary, or to 
any Game Protector, upon the presentation by such 
Game Protector of written instructions from the Sec- 
retary of said Board, directing him to thus inspect 
such plant ; and the refusal of any person holding a 
propagating certificate to permit such inspection by 
any of the officers above-named, or the nes?lect or refu- 
sal upon the part of said holder of such certificate to 
comply with the reasonable request of the Secretary of 
said Board, in any matter pertaining to said plant 
in which the said board has a legal right to be heard, 
shall be sufficient cause for refusal upon the part of 
said Board to renew such Propagation Certificate. 

Where game-birds or animals of any kind shall be 
raised in captivity under the provisions of this sec- 
tion, they may be sold or given away, and shipped 
alive from said enclosure, for propagation purposes 
within the Commonwealth ; or may be killed within 
said enclosure, for sale or gift within the Common- 
wealth, without regard to sex or numbers, at any 
time of the year, under the following restrictions: 

All boxes or, crates or packages of any description, 
in which small game may be shipped or removed from 
said premises, shall, before removal therefrom, have 
attached thereto a card or marker, to be supplied in 
duplicate, at cost, by the Board of Game Commis- 
sioners, upon each part of which shall be plainly 
written, in the blank spaces left for the purpose, the 
name and address of the purchaser, with the contents 
of the box, crate, or package. One part of this card 
or marker shall be attached to the receptable contain- 
ing the game shipped, and the other part shall be 
immediately sent to the Board of Game Commission- 
ers, at Harrisburg. 

Before any deer or elk, or animal classed as large 
game, shall be removed or shipped from any licensed 
propagating plant, there shall first be attached to 
either the crate or box in which the animal is shipped, 
or to the animal itself, a tag or marker, in such 
form as may be decided upon by the Board of Game 
Commissioners ; which said tag or marker shall be 
supplied, in duplicate, by said Board at cost; and it 



GAME, FISH AND FORESTRY LAWS. 



75 



shall be the duty of any person raising and selling, 
or shipping, such deer or elk, or large game-animal, 
to attach to either the crate or box in which a live 
animal is shipped, or to the body of a dead animal, 
raised in such preserve, one of these tags or markers, 
and to forward the duplicate thereof at once to the 
Board of Game Commissioners, at Harrisburg. 

The tag or marker, so attached to either crate or 
box or animal, shall remain thus attached until the 
living birds or animals are released from the crate 
or box, or the dead body of the animal is cut up for 
retail purposes or final consumption ; after which the 
tag or marker shall be removed from the crate or box 
or remainder of the carcass by the person finally dis- 
posing of the animal, and shall be at once forwarded 
to the Board of Game Commissioners, at Harrisburg. 

Any person failing to comply with the requirements 
of this section in the matter of attaching tags or 
markers before shipment of birds or animals, or in 
any other manner violating the provisions of this 
section relating to such shipment, shall, upon con- 
viction, be sentenced to pay a penalty of one hundred 
dollars for each offense. And any person failing to 
comply with the requirements of this section in the 
matter of returning to the Board of Game Commis- 
sioners the tags so affixed, shall, upon conviction, be 
sentenced to pay a penalty of ten dollars for each 
offense: Provided, That no provision of this act re- 
lating to license or tags shall be considered to a only 
to persons who may raise small game to release within 
the Commonwealth, or to be given away, or to either 
large or small game sold alive to a representative of 
the Srnf-p. for propagating purposes within the Com- 
monwealth. 

Section 8. It shall be unlawful for any person to 
wilfully or wantonly remove or mutilate or destroy 
any tags or mnrkers, so affixed to any crate or box or 
animal in compliance with the requirements of this 
act, at any time or at any place, except as designated 
by this act, or by authority of the consignor or con- 
signee of such game, or of some officer of some court 
of this Commonwealth, or of some Game Protector of 
the Commonwealth. Any person violating this section 
shall, upon conviction thereof, be sentenced to pay a 
penalty of fifty dollars for each tag or marker wan- 
tonly removed, mutilated, or destroyed. 



Attachment 
of tag. 



Disposition 
of the tag or 
marker. 



Failure to 
comply. 



Peaaltr. 



Piw 



Unlawful re- 
moval or mu- 
tilation of 
taps or 
markers. 



GAME, FISH AND FORESTRY LAWS. 



Peaal*r. 



Umlawftil 
use of tag. 



renal*r. 



Illegal im- 
portations. 



Birds •!' ani- 
mals. 



Unlawful re- 
lease. 



"Unlawful im- 
portation »r 
sale. 



Inspection 
and qnnrnn- 
tine. 



Nests and 
eggs. 

Viola tioiss. 
Penalty. 



Section 9. It shall be unlawful for any person to 
wilfully use any such tag or marker, prescribed by 
this act, for the purpose of protecting or carrying 
game of any kind, taken or killed outside of licensed 
preserves within this Commonwealth, or for the pur- 
pose of protecting or carrying a second shipment of 
game from any such licensed preserves within this 
Commonwealth. Any person convicted of such offense 
shall be sentenced to pay a penalty of one hundred 
dollars for each tag used in violation of this section. 

Section 10. It shall be unlawful for any person to 
bring, or in any manner to have transported, into 
this Commonwealth, from any other State or country, 
any living specimen, or any egg thereof, of the bird 
known as the European starling, or any other bird 
or any living animal the importation of which is pro- 
hibited by the Secretary of Agriculture of the United 
States, under the provisions of any law of this Na- 
tion; or to release within this Commonwealth any 
fox, wildcat, mink, or weasel brought into this State 
from another State or country, or reared in captivity. 

It shall be unlawful to bring into or to sell within 
this Commonwealth living game of any kind, either 
birds or animals, that have been imported from any 
other State or Nation, or to release within the Com- 
monwealth, for propagating purposes, imported game 
of any kind, excepting under a certificate to be issued 
from the Department of Agriculture of Pennsylvania, 
after inspection by a representative of the Livestock 
Sanitary Board of that Department, and quarantine 
when necessary. 

Whoever shall violate any provision of this section 
shall be sentenced to pay a penalty of fifty dollars 
for each bird or egg or animal so imported or brought 
into this State, or sold or released within the State, 
contrary to this section. 

Section 11. Excepting as provided in this act, no 
person shall take, or have in possession or under con- 
trol, either the nest, or any egg found therein, of any 
wild bird, either game or otherwise, protected by the 
law of this Commonwealth, or shall wantonly inter- 
fere with or destroy any such nest or egg. Whoever 
shall offend against any provision of this section shall 
be sentenced to pay a penalty of ten dollars for each 
nest of a wild bird, other than a game-bird, either in- 
terfered with or wantonly destroyed : and shall be sen- 
tenced to pay a penalty of fifty dollars for each nest 



GAME, FISH AND FORESTRY LAWS 



77 



of a game-bird either wantonly interfered with or de- 
stroyed. 

Section 12 It shall be unlawful for any person, ex 
cept as provided for in this not. to nt any tirae shoot 
at, or wound, or take, or kill any wild bird other than 
a game-bird, or to have such bird, either living or 
dead, or part thereof, in possession, or to have any 
part of the plumage or skin therof in possession or 
under control for purposes of sale, or to offer or ex- 
pose the same for sale, or to transport or ship or 
remove, or attempt to transport or ship or remove, 
from this Commonwealth, for any purpose, such 
bird, or any part of- the plumage or skin thereof; or 
to have in possession or under control for sale, or to 
sell or to offer to sell, either living or dead, any wild 
bird other than a game-bird, or any part of the pl^im 
age or skin thereof, of a kind found either in a wild 
state in tin's Commonwealth or that may have been 
brought into this Commonwealth from another State 
or country, and which belong to the same family as 
those found in a wild state in this Commonwealth. 

Whoever shall violate any provisions of this section 
shall be liable to a penalty of ten dollars for each 
wild bird other than a game-bird shot at, wounded, 
or killed, or taken or had in possession, transported, 
shipped, or removed, or attempted to be transported, 
shipped, or removed, out of this Commonwealth, or 
for any part thereof, in any manner taken or held 
for a purpose contrary to any provision of this act : 
such bird being of a kind found in a wild state in 
this Commonwealth, and that is protected by the laws 
of this Commonwealth; and any person, acting either 
for himself or as the agent or representative of an- 
other, who shall sell or barter, or who shall attempt 
to sell or barter, or who shall have in possession for 
sale or barter, or who shall shin or remove, or cause 
to be shipped or removed, out of this Commonwealth. 
for sale or barter, a wild bird, other than a game- 
bird, either living or dead, or the skin or the plum 
age or any part of such bird, or skin or nluma"" 1 of 
a kind belonging to the same family as those birds 
found in a wild stat° in this Commonwealth, shall be 
liable to a penalty of twenty dollars for each bird or 
bird skin or bird plumage, or any part thereof, sold, 
offered for sale, had in possession for sale, or in any 
manner removed out of this Commonwealth for sale, 
contrary to this section: Provided, however, That the 
blue jay, the English sparrow, the European starling, 



Wild birds 
other than 
game-birds 
protected. 

Killing, 
wounding, 
shipment or 
possession ef„ 



Vi«lati»«* 



PemnHf. 



P«attr. 



78 



GAME, FISH AND FORESTRY LAWS 



Unprotected 
birds. 



Lawful pos- 
session of 
tanned or 
•cured skins. 



Hunting, 
shooting, 
etc., on Sun- 
day pro- 
hibited. 



Taking, kill- 
ing, etc., of 
game-bird or 
game ani- 
mal. 

Open season. 

Ruffed 
grouse. 
Pheasant, 
quail, vood- 
cock and 
squirrel. 

Wild-tur- 
key, 

Rabbit a-nd 
hare. 

Raccoo«. 



Bear. 



Male deer. 



Upland 
Plover. 



the kingfisher, the buzzard, the goshawk, the sharp- 
shinned hawk, the Cooper's hawk, the red-tailed hawk, 
the red-shouldered hawk, the broad-winged hawk, the 
marsh hawk, the rough-legged hawk, the duck-hawk, 
the pigeon hawk, the barred owl, the great gray owl, 
the great-horned owl, the snowy owl, the hawk owl, 
the raven, the crow, the blue heron, the green heron, 
and the night heron may be killed in any manner at 
any time ; and that nothing in this act is intended to 
interfere with or prevent the possession of the tanned 
or cured skin, or any part thereof, of any wild animal 
or wild bird, either legally or accidentally killed, or 
brought into this Commonwealth from any other 
State or country, from which the same was legally 
imported for purpose of study or exhibition, or for 
any other purpose excepting that of sale. 

Section 13. There shall be no hunting for or shoot- 
ing at or chasing of game upon the first day of the 
week, commonly called Sunday. Any person violating 
this section shall, upon conviction, be liable to a 
penalty of twenty-five dollars for each offense. 

Section 14. It shall be unlawful for any person, ex- 
cepting as provided for in this act, to take or kill or 
wound, or to attempt to take or kill or wound, or 
have in possession, either living or dead, any game- 
bird or game-animal, or any part of such bird or 
animal, protected by this act. The open season for 
game-birds and animals shall be as follows: — 

For the ruffed grouse, commonly called pheasant; 
Virginia partridge, commonly called quail ; woodcock, 
ring-necked pheasants, Hungarian quail ; the red, 
gray, black, and fox squirrel, from the twentieth day 
of October to the thirtieth day of November. 

For the wild -turkey, from the fifteenth day of Nov- 
ember to the thirtieth day of November. 

For the wild rabbit and the hare, from the first 
day of November to the fifteenth day of December. 

For the raccoon, from the first day of September 
to the thirty-first day of December. 

For bear, from the fifteenth day of October to the 
fifteenth day of December. 

For male deer, with antlers extending not less 
than two inches above the hair, from the first day of 
December to the fifteenth day of the same month. 

For upland or srnss plover, from the first day of 
August to the thirtieth day of November. 



GAME, FISH AND FORESTRY LAWS. 7» 

For the rail, root, or mud-hen, reed-bird, sand- Rail. c«ot, 
piper, tattler, curlew, Wilson or jack-snipe, the birds JJJJJf*; 
commonly called blackbirds, or any other shore bird sandpiper, 
excepting woodcock, from the first day of September tattler, eur- 
to the thirtieth day of November. black bf ni s Pe ' 

For all kinds of birds known as wild water-fowl, and° shore' 
from the fifteenth day of September to the thirty-first birds, 
day of January next following. Wild water- 

Any person who shall violate any provision of this f»wl. 
section shall be liable to a penalty of one huudred dol- violations, 
lars for each deer, and a penalty of fifty dollars for 
each bear: and a penalty of twenty-five dollars for 
each wild-turkey or ruffed grouse or quail or woodcock 
or ring-necked pheasant; and a penalty of ten dollars Penalties. 
for each rabbit or hare or squirrel or raccoon or wild 
water-fowl or shore-bird, other than a woodcock, or 
plover or reed bird or blackbird, killed or taken, or 
attempted to be killed or taken, or had in possession, 
at a time other than that fixed as the open season for 
such animals and birds, or in any manner contrary 
to this section: Provided, however, That ring necked ?-lf ht R *° . 
pheasants, raised strictly in captivity, may be killed necked 1DS " 
by the owner of such birds, upon lands such person pheasants 
may own or control, without regard to numbers, dur- raised in 
ing the open season for ring-necked pheasants : and captivity, 
that any game bird or animal, raised strictly in 
captivity, and killed or captured within such place of 
confinement, without being first released in the Com- 
monwealth at large, may be killed or captured at 
any season of the year, without regard to sex or raise* 8 in *""* 
numbers or age, and may be sold or given away captivity. 
within the Commonwealth, either alive or dead, under 
the rules and regulations of the Board of Game Com- Private pre- 
missioners pertaining to the marking and tagging of serves, 
game raised in licensed preserves: Provided also, 
That those birds, commonly known as blackbirds, Pnms *- 
may be killed by the owner or lessee of lands, or by 
the legitimate employe of such owner or lessee, when, 
upon the property under their control, such birds may 
be destroying either the eggs or the young of other 
birds, or growing crops or grain, or cultivated fruit B i aC fcbi r d 8 
or berries ; and the Board of Game Commissioners i a wf n i kill- 
shall have authority to direct the killing of those ing ©f a»y 
birds, commonly called blackbirds, when satisfied tira «- 
that such birds have from any cause become a nuisance 
in the section wherein they may be located. 



so 



GAME, FISH AND FORESTRY LAWS. 



Limitation as 
t» nnaabev. 



Limit of 
■ KDtfeer. 



Second usale 
deer. 

Unlawftil to 
shoot at a 
female deer, 
an elk, or 
faw». 



Auimals er 
birds. 



Yi»lations. 
Pe>»altr. 



¥ae »r con- 
cealment of 
^ame ille- 
gally killed. 



Section 15. It shall be unlawful for any person te> 
kill in one day more than one wild-turkey or more 
than four ruffed -grouse, or more than eight Virginia 
partridges, commonly called quail, or more than ten 
woodcock, or more than four ring-necked pheasants, 
or more than four Hungarian quail, or more than 
one bear, or more than six squirrels of the combined 
kinds of fox, black, or gray, or either of them, or 
more than ten wild rabbits, or more than three hares ; 
or to kill in any one season more than one wild-turkey, 
or more than twenty-four ruffed -grouse, or more than 
twenty-five Virginia partridges, commonly called 
quail , or more than twenty woodcock, or more than 
ten ring-necked pheasants, or more than ten Hun- 
garian qail, or more than twenty of the combined 
kinds of squirrel of fox, black, or gray, or either of 
them, or more than sixty wild rabbits, or more than 
fifteen hares, or more than one bear, or more than 
one deer, which in every instance shall be a male 
deer, with antlers not less than two inches above the 
hnir: and it shall be unlawful for any person at any 
time to attempt, by standing on watch, or other- 
wise to kill a second male deer in one season ; and 
it shall be unlawful for any person at any time 
to shoot at or wound or kill, or to attempt to wound 
or kill, or have in possession, a female deer or an 
elk or any fawn, found in a wild state in this Com- 
monwealth, except as otherwise provided by the laws 
of this Commonwealth relating to tho taking of «H*me- 
animals and game-birds under authority of a certificate 
issued by the Board of Game Commissioners. Any 
person taking or wounding or killing, or attempting 
to take, kill, or wound, anv animal or bird protected 
by this act, or in excess of the number permitted by 
this act. or in any manner violate anv provision of 
this section, shall, upon conviction, be liable to a pen- 
alty of two hundred dollars and six months' imprison- 
ment for each elk, and one hundred dollars for each 
deer, and fifty dollars for each bear, and twenty -five 
dollars for ear-h wild-turkey, or ruffed grouse, or 
quail, or woodcock, or English pheasant, and te» 
dollars for each rabbit or hare or squirrel, so taken, 
wounded, killed, or attempted to be taken, wounded, 
or killed, or had in possession, contrary to the pro- 
visions of this section. 

Every person who knowingly uses game that has 
been illegally killed or taken, or who knowingly aids 
or assists in the concealment of game illegally killed, 



GAME, FISH AND FORESTRY LAWS. 



81 



©r who knowingly has game in possession that has 
been illegally killed or taken, with intent to use or 
conceal same, shall be liable to the full penalty im- 
posed by law for the killing of such game contrary to 
law . 

When it is proven to the satisfaction of the Board 
of Game Commissioners that either a bear or deer, or 
elk or rabbits, or other game is excessively destroying 
property, and thereby becoming a uuisance in any sec- 
tion of the State, the said Board shall have au- 
thority to at any time remove or to have removed 
animals from that neighborhood, or to have the 
same killed, as the case may require: Provided also, 
That nothing in this act shall be construed to prevent 
any person from killing a bear at any time, or in any 
manner, when such animal is inflicting or atempting 
to inflict injury to either the person or personal prop- 
erty of any individual ; or the killing of such bear in 
a pursuit commenced within forty-eight hours after 
the commission of such offense ; or at any time after 
the commission of such offense, upon the affidavit of 
one or more persons to the effect that the bear in 
question has committed such offense ; or to prevent 
any person from killing a boar, upon his own prop- 
erty, at any time, when suoh animal is found within 
one mile of his place of residence 

Section 16. It shall be unlawful to hunt for, or to 
catch or to kill, or to attempt to catch or kill, any 
of the game-birds or any of the game-animals pro 
tected by the laws of this Commonwealth, between 
sunset of one day and sunrise of the day following : 
or to take or kill or wound, or to attempt to talie or 
kill or wound, game of any kind except through the 
use of a gun, such as is usually raised at arm's 
length and fired from the shoulder, or through the 
use of a pistol other than an automatic pistol or a 
revolver, such as is usually held in the hand and fired 
at arm's length; and no person, except as provided 
for by this act, shall at any time set, fay*, or prepare 
for use, or use any trap, snare, net, bird-lime, swivel- 
gun, the apparatus known as a silencer, deer liek, 
pit- fall, turkey blind, turkey rail, or turkey pen, for 
the purpose of catching or taking or killing game of 
any kind ; or shall shoct at or take or kill, or at- 
tempt to shoot or take or kill, game birds, or ani- 
mals of any kind from an automobile, or vehicle of any 



Right of of- 
ficers to kill 
game nnder 
certain co»- 
diti»»s. 



II iff lit *f 
citizen t« 
kill bear as 
a protection 
to either 
person or 
property. 



Niffht hunt- 
ing. 

Killiuff ex- 
cept with 
jruH. 



Traps, 
snares, 
•tc. 



Use «f me- 
ter- TeWcle. 



82 



GAME, FISH AND FORESTRY LAWS 



Lights, bat- 
teries, ete. 



Raeeooss ia 
any manaer. 



Decoys a ad 
blinds. 



Box- trap s f*r 
rabbits. 



Violations. 



Penalties. 

Raccoons and 
rabbits may 
be killed as 
a protection 
to growing 
crops, etc. 



Size of 
steel traps 
limited in 
taking ver- 
min. 



Wild water- 
fowl. 



Unlawful 
use of water 
craft. 



kind propelled by any mechanical power; or shall 
make use of or take advantage of any artificial light, 
battery, or other contrivance or device, except the 
before-mentioned gun, with intent to catch, take or 
injure, or kill any of the game-animals or game birds 
found in this Commonwealth, — excepting that rac- 
coons may be hunted for and be killed at any time, 
either clay or night, during the open season, Sunday 
excepted, for such animals, and may be killed or cap- 
tured in any manner that to the hunter may seem 
best, and may be retained in captivity, or sold dead 
or alive at any time, either within or outside the 
Commonwealth, if taken during the open season; and 
that decoys in numbers as provided for in this act, 
and blinds, may be used in hunting wild water-fowls; 
and that residents under the age of fourteen years 
may take rabbits through the use of box traps during 
the open season, upon the lands whereon such per- 
sons reside. 

Any person violating any provision of this section 
shall upon conviction, be liable to a penalty of two 
hundred dollars and six months' imprisonment for 
each elk, and a penalty of one hundred dollars for 
each deer, and fifty dollars for each bear, and ten 
dollars for each rabbit or hare or squirrel, and twenty- 
five dollars for each game-bird, taken, killed or 
wounded, or attempted to be taken killed or wounded, 
contrary to this section: Provided, That as a protec- 
tion to growing crops, vegetables, and fruit-trees, 
raccoons and rabbits may be killed by the owner or 
lessee of lands, or by the employe of such owner or 
lessee, upon which lands such animals may be com- 
mitting depredations, at any time and in such manner 
as may be best suited to secure the desired end: Pro- 
vided also, That it shall be lawful to use steel traps, 
not to exceed in size a standard No. 3, for the pur- 
pose of taking wildcats, and other wild animals classed 
as vermin, so long as such traps are not set where 
rabbits and other protected game may be caught in 
such traps. 

Section 17. It shall be unlawuful to hunt for or pur- 
sue, or to follow after, with intent to kill, any wild 
water-fowl from or with, or through the use of, any 
craft propelled by any means other than oars, pole', 
or hand-paddle. Any person using a craft or boat for 
such purpose, other than one propelled by oars, pole, 
or hand-paddle, or the captain or owner, or other 
person in charge of such boat or craft, who shall allow 



GAME, FISH AND FORESTRY LAWS. 



98 



or knowingly permit the same to be used contrary to 
this section, while he is on board, shall be liable to 
the penalties herein imposed. 

It shall be unlawful for any person, or for any num- 
ber of persons acting together, to place in any of the 
waters of this Commonwealth, for the purpose of at- 
tracting wild water-fowl of any description, more than 
twenty specimens of artifically prepared wooden 
ducks, or ducks of any character, commonly used as 
decoys, or to shoot over or attempt to control more 
than twenty such decoys, so placed as to cover not ex- 
ceeding one-fourth of a mile, upon any stream or 
lake. 

Any person who shall violate any provisions of this 
section shall be sentenced to pay a penalty of fifty dol- 
lars per day for each day on which any forbidden craft 
or boat may be used to hunt or pursue, or to follow 
after, with intent to kill, wild water-fowl; and ten 
dollars for each decoy, or other contrivance or device, 
set, placed, or controlled contrary to the provisions of 
law. 

Section 18. Except as otherwise provided for by 
this act, it shall be unlawful for any person to hunt 
for or catch or kill, or cause or permit the hunting 
of, hare or rabbits, with or through the use of a 
ferret, under a penalty of twenty-five dollars for each 
ferret so used, and ten dollars for each rabbit or 
hare taken through the use of or by the aid of a 
ferret. And the fact that any person shall place a 
ferret in any hole or opening in the ground or stone 
wall or log, outside of buildings, in which a rabbit 
might be found, or shall be caught in the act of using 
a ferret in the taking of hare or rabbits ; or shall 
have a ferret in possession or under control, in either 
the fields or forests or in any vehicle upon the high- 
ways, or on railroad cars; or shall be proven to 
have used or have been possessed of a ferret while 
limiting : or shall while going hunting or while re- 
turning from such a hunt, have a ferret either in 
possession or under control, shall render such person 
liable to the penalty or twenty-five dollars for each 
ferret had in possession or under control at any time. 

Any ferret found, running at large, or found in 
the possession or under the control of a person not 
possessed of a ferret license, or of a person convicted 
of violating any provision of this act. shall be forfeited 
to the Commonwealth, and shall be immodiit^ly killed 
by the officer or citizen into whose hands such animal 
nvtv oomc. 



Pe«al*r. 



Decoyo. 



Limitation ef 
■umber, etc. 



Violation. 
Penalty. 



Hare or rab- 
bits not to 
be takea 
through use 
of ferrets. 

Penalty. 



Use. 
sion or con- 
trol of fer- 
rets. 



Penalty. 



Forfeiture. 



84 



GAME, FISH AND FORESTRY LAWS. 



WsffMi »r 
elk. 

#l»se sea rob. 

©pen sea sob. 
StiM-kviuting. 

Penalty. 

Beer »r elk. 

Possession or 
control. 



Prima faeie 
evidence. 



Production 
©f head. 



Official i»- 
restigation. 



Administra T 
tien of ontfes. 



Section 19. It shall be unlawful for any person to 
kill or wound or capture, or to attempt to kill or 
wound or capture, any wapiti or elk found in a wild 
state in this Commonwealth ; or to have such wapiti or 
elk, or any part thereof, in possession before the first 
day of December, one thousand nine hundred and 
twenty-one. That after the thirtieth day of November, 
one thousand nine hundred and twenty-one, unless 
otherwise provided, there shall be annually an open 
season for wapiti or elk, which open season shall cor- 
respond with the open season for deer at that time; 
during which open season of each year, Sundays ex- 
cepted, it shall be lawful for any person in this Com- 
monwealth to kill, through the method known as still- 
hunting only, one wild wapiti or elk, which in all in- 
stances shall be a male wapiti or elk, with antlers, 
commonly called horns, with not less than four points 
to one antler. 

Any person violating any provision of this section 
shall be liable to a penalty of two hundred dollars, 
and six months' imprisonment, for each offense. 

Section 20. The possession or control of a deer or 
elk, or of any portion of either of such animals, shall, 
unless the head, bearing antlers extending at least two 
inches above the hair, in the case of a deer, and in 
the case of an elk not less than four points to one 
antler, be attached in a natural way, in all instances, 
be prima facie evidence that such animal was killed 
unlawfully in this Commonwealth ; and shall render 
each person in whose possession or under whose con 
trol the same may be found, or who may be proven 
to have had such animal or part thereof in possession 
or luider control, liable to the full penalty now im 
posed by law for the unlawful killing of elk or deer, 
as the case may be, unless such person shall im- 
mediately, upon demand made by an officer of the 
Commonwealth whose duty it is to protect the game 
and wild birds, produce the head bearing antlers of 
legal length, or shall swear that the flesh in question, 
found in his possession or proven to have been under 
his control, is a part of a deer or elk legally killed in 
the Commonwealth, both or either, as in the mind 
of the officer investi$ratinsr tn^y be considered neces- 
sary; and the officer investigating a case of this char- 
acter, or any other violation of the game-laws, is 
hereby authorized to administer on+hs relative to such 
matter; and where game of any kind is found in a 
camp, or in possession or under control of an indivi- 



GAME, FISH AND FORESTRY LAWS. 



dual or bunting pa$y, such possession shall be con- 
sidered prima facie evidence that the same was taken 
illegally, unless the person or persons in charge or in 
control of such game sball answer satisfactorily im- 
mediately, under oath if required, such pertinent 
questions relating to the taking or ownership or pos- 
session of same as may be considered necessary by the 
officer investigating; and in every case where such 
person or persons, in possession or in control of 
such game, refuse to so answer such questions, the 
game thus found in possession or under control is 
hereby declared forfeited to tbe Commonwealth, and 
such officer is directed to take charge of and dispose 
of same as provided by law relative to game seized in 
this Commonwealth. 

Section 21. It shall be unlawful for any body of 
men, either camping together or hunting in unison, to 
kill or be possessed of more than six male deer, or 
more than one elk, or more than three bear, killed 
under the provisions of existing law, in a wild state, 
in any part of this Commonwealth, in one season. 

Every person in a camp, or who may join with 
others in hunting for deer or elk or bear in this Com- 
monwealth, shall be liable to the penalty now imposed 
by law for the unlawful killing of deer or elk or bear, 
that may be killed by any member of their party in 
excess of the before -mentioned numbers, after the day 
upon which the number of deer or elk or bear, as fixed 
by this section for ramps, has been legally taken. 

Section 22. Nothing in this act shall be so con- 
strued as to prevent any person, actually residing 
upon and cultivating lands within this Commonwealth, 
from killing - any d^er, regardless of sex or age, which 
he m»y find actually engaged in the destruction of any 
fruit-trees or crops on said lands. 

Seotion 23. It shall be unlawful for any person, at 
\ny time, to shoot at, or to kill, wound, or capture, 
or attempt to kill, wound, or capture, either an elk 
or a deer in the waters of any of the streams, ponds, 
ar lakes : or for any person to make use of a dog in 
hunting deer or elk or wild turkeys; and the fact that 
•i dog of any description shall be taken into the woods, 
•r shall be lmd in possession or under control in the 
woods, or sh-i]i be cared for or harbored, or permittod 
to remain with any individual or in the camn of any 
persons or persons, shall render each person in whose 
care or under whose control the dog may be outside 
of the camp, and each person in said camp, liable to 



Possess!©* of 
game prima 
facie evi- 
dence. 



Oath of per- 
son having 
game in pos- 



Forfeiture on 
failure or re- 
fusal to an- 
swer ques- 
tions. 

Camps a«d 

hunting 

parties. 

Limitation 
of game. 



Liability to 
penalty. 



Killing of 
deer destroy- 
ing crops, 
etc. 



Elk or deer 
in streams, 
ponds or 
lakes. 



Liability of 
tliose taking 
cIojts in the 
woods or to 
camps. 



GAME, FISH AND FORESTRY LAWS. 



Penalty. 



Unlawful use 
of bneksbot. 

Elk or deer. 

Guns. 

Still-hunting. 

Violations. 

Penalty. 

Hogs pursu- 
ing largo 
name. 

Public nui- 
sance. 

Killing of 
flog. 

Affldarit. 



Liability »f 
owner, et al. 



Pursuit of 
elk or fleer. 



Penalty. 



the full penalty prescribed by law for the unlawful 
taking or killing of deer or elk, or wild-turkey, as the 
case may be; upon proof, duly sworn to, that the dog 
so taken into the woods, or had in possession, or un- 
der control or harbored, cared for or permitted to re- 
main with any person or in the camp of any person 
or persons, did, within a radius of ten miles from said 
camp or from the point wherein a dog may be taken by 
any individual, run after, pursue, or follow upon the 
track of any deer or fawn or elk for a distance of 
one-half mile, or did pursue or scatter wild-turkeys. 

Section 24. It shall be unlawful for any person to 
make use of what are known as buckshot in hunting 
for or shooting at either elk or deer ; or to kill or to 
attempt to kill any deer or elk by or with or through 
the use of a gun propelling or emitting more than 
one pellet, bullet, or ball, at such deer or elk, through 
a single discharge ; or to take an elk in any manner 
except through the method known as still-hunting. 
Any person violating any provision of this section shall 
be subject to the penalties provided by this act for the 
unlawful taking or killing of deer or elk, as the case 
may be, during the closed season. 

Section 25. Any dog pursuing or following upon the 
track of a deer or elk or fawn is hereby declared to 
be a public nuisance. Such dog may be killed by any 
person when seen pursuing or following upon the 
track of an elk or a deer or a fawn ; or by a game- 
protector, deputy game-protector, game warden, for- 
estry-warden, or any other officer of the State whose 
duty it is to protect any of the game of the State, upon 
affidavit being made by one or more persons acquainted 
with the facts that said dog is in the habit of, or has 
been seen or heard, running upon the track of or pur- 
ing any elk or deer or fawn within a period of two 
years from the date of such affidavit. The owner or 
person harboring or in control of a dog, either killed 
in conformity with the law or proven to have pursued 
a deer or an elk for the distance of one-half mile or 
more, shall be liable to a penalty of fifty dollars for 
each elk pursued, and one hundred dollars for each elk 
killed or caused to be killed, by such dog running at 
large, without the aid or direction of its master; and 
to a penalty of twenty five dollars for each deer or 
fawn pursued, ^nd fifty dollars for each deer or fawn 
killed or caused to be killed, by such dog running at 
large, without the aid or direction of its master. 



GAME, FISH AND FORESTRY LAWS 



87 



Where the owner or person harboring or in control 
of a dog shall neglect or refuse to take such action as 
may be necessary to prevent such dog from running 
elk or deer, after notice in writing from an officer of 
the State, whose duty it is to protect the game of the 
State, to the effect that the dog in question is in the 
habit of pursuing deer or elk, shall be liable to double 
the amount as fixed before for the first offense ; such 
penalty to be recovered as are other penalties im- 
posed by this act. 

Section 26. Any dog pursuing or following upon 
the track of any game-quadruped, such as hare or rab- 
bits, and known as small game, or following upon the 
track of any game-bird or other wild bird protected by 
existing law, during what is known as the close sea- 
son for such animal or bird, is hereby declared to be 
a public nuisance ; and may be killed by the owner or 
lessee of land whereon it is found, or by an employe 
of such owner or lessee, or by a game-protector, dep- 
uty game-protector, game-warden, forestry -warden, or 
any other officer of the Commonwealth whose duty it 
is to protect the game or wild birds, unless such dog 
shall wear a collar having attached thereto a metallic 
tag or plate upon which shall be plainly inscribed, in 
English, the name and address of the owner of such 
dog ; and any dog thus wearing a collar, inscribed as 
before-mentioned, pursuing small game during what 
is known as the close season for such game or wild 
birds, may be killed by the owner or lessee of any 
land upon which such dog may be found, or by any 
employe of either the owner of lessee, or by a game- 
protector, deputy game-protector, game-warden, for- 
estry-warden, or any officer of the State whose duty it 
is to protect the game of the State, when such dog is 
seen upon the track of such game, after notice in writ- 
ing from that particular person, or from the Secre- 
tary of the Game Commission, has been given to the 
owner or reputed owner, or person in control of such 
dog, to the effect that the dog in question is in the 
habit of destroying, or pursuing or following upon the 
track of, game or wild birds, contrary to this sec- 
tion. 

Any person who shall-yither knowingly or negligently 
permit his dog or a dog under his control to pursue 
small game during the close season, off land he may 
own or control, after notice as before stated, shall be 
liable to a penalty of ten dollars for each day small 
game may be pursued in violation of this section, and 



Liability of 
owner, et Rl. 



Notice in 
writing. 

Double pen- 
alty. 



Dogs pursu- 
ing small 
game. 

CIosp season. 

Public nui- 
sance. 

Killing of 
dog. 



Collar and 
name-plate. 



Notice in 
rvriting. 



Inability of 
owner, et ah 



Penalty 



88 



GAME, FISH AND FOKESTJRY LAWS, 



Training •< 
dogs. 



Selling, »ff- 
ering for 
sale, etc., of 
game-birds 
and garne- 
animnls. 



Sale »f 
wild water- 
fowl. 



Violatiems. 

Hlk ©r ueer. 
Penalty. 



Rabbits 
kares, squir- 
rels. 



to an additional penalty of five dollars for each game- 
bird or rabbit killed by such dog pursuing game with- 
out the aid or direction of its master: Provided, That 
dogs, when accompanied by and under control of their 
masters, may be trained upon any of the living wild- 
game or birds in this State, excepting elk and deer 
and fawn or wild turkeys, from the first day of Sep- 
tember to the first day of March next following, so 
long as no injury is inflicted upon said animals or 
birds. 

Section 27. Except as otherwise provided by this 
act, it shall be unlawful for any person, at any time, 
to knowingly buy or sell or barter, or expose for sale 
or barter, or have in possession for sale or barter, an 
elk or a deer, or wild rabbit or hare, or gray or 
black or fox squirrel, or any ring-necked pheasant or 
Hungarian quail, or any part of either of such ani- 
mals or birds, that has been killed, taken, or cap- 
tured in a wild state in this Commonwealth ; or to 
buy or sell or barter, or attempt to buy, sell or bar- 
ter, or have in possession for sale or barter, any ruffed 
grouse, commonly called pheasant, or any wild tur. 
key, or any woodcock, or any quail, commonly called 
Virginia partridge, that shall have been killed or cap 
tured in a wild state, either within or outside the 
boundaries of this Commonwealth ; and no person 
shall sell or barter, or offer to sell or barter, or have 
in possession for sale or barter, any wild duck or any 
wild goose, or any other bird of the kind commonly 
known as wild water-fowl, that has been either killed, 
taken, or captured in a wild state in this Common- 
wealth, or that may have been brought into this 
Commonwealth between the first day of January and 
the first day of September of each year. 

Any person who shall violate any provision of this 
section relative to the purchase or sale or barter of 
elk or of deer shall be liable to a penalty of two hun- 
dred dollars for each elk, or part thereof, bought or 
sold, or had in possession for sale, or bartered for, 
and one hundred dollars for each deer, or part there- 
of, bought, sold, or had in possession for sale, or 
bartered for, and any person who shnll violate any 
provision of this section relative to the purchase or 
sale or barter of rabbits or hares or squirrels shall be 
liable to a penalty of ten dollars for each animal 
bought, sold, or had in possession for sale, or bar- 
tered for. 



GAME, FISH AND FORESTRY LAWS 



8» 



Any person who shall violate any provision of this 
section relative to the purchase or sale or barter of 
ruffed grouse or of wild-turkey or of woodcock or of 
quail or ring-neck pheasants shall be liable to a penalty 
of twenty-five dollars for each bird, or part thereof, 
bought or sold, or had in possession for sale, or bar- 
tered for, or in any way had in possession or handled, 
contrary to this section. 

Any person in any way violating this section rela- 
tive to the sale or attempt to sell wild water-fowl 
shall be liable to a penalty of ten dollars for each 
bird in any way handled contrary to this section: 

Providing, That nothing in this section shall be con- 
strued to prevent the purchase or sale, or introduc- 
tion into this State, at any time, of either elk or deer, 
or rabbits or squirrels, or birds alive, for propagating 
purposes, that have been inspected and legally passed 
by a representative of the Livestock Sanitary Eoard 
of the Department of Agriculture, as before provided 
for in this act: or to prevent, at any time, the sale 
within the State, or the shipment out of the State, of 
Belgian or German hare, or of any other animal 
raised in captivity but not found in a wild state in 
this Commonwealth, without a lieense of any kind: 

Provided also, That nothing in this act is intended to 
prevent the sale of game killed in a wild state during 
the open season for such gnme, and for thirty days 
thereafter, that is of a kind the sale of which is not 
specifically forbidden or limited by the provisions of 
this act. 

Section 28. Except as otherwise provided by this 
act, it shall be unlawful for any person to have in his 
possession . exoontincr during the open season therefor 
and for thirty days thereafter, any ruffed -grouse, com- 
monly called pheasant, any English. Mongolian, pr 
Chinese pheasants, any quail, commonly called Vir- 
ginia partridge, any wild -turkey, any woodcock, any 
Hungarian onail, or any elk, or deer, or bear, or 
hare, or rabbit, or squirrel, or anv other game bird 
or game-quadruped protected by this act, or parts 
thereof, which shall have been caught, killed, or taken 
in a wild state within this Commonwealth. Any per- 
son violating any provision of this section shall be 
liable to a penalty of one hundred dollars for ^ach elk, 
and fiftv dollars for each deer, and twenty-five dollars 
for each bear, and ten dollars for each game-bird of 
any kind, and five dollars for each hare or rabbit, or 
gray or black or fox squirrel, or for any part there- 



Violatious. 

Ruffed- 
grouse, wild- 
turkey, 
woodcock, 
pheasant, 
quail. 

Penalty. 

Wild water- 
fowl. 

Penalty. 

Proviso. 

Elk or deer. 

Birds. 

PropagatiQg 
purposes. 



Beigia 

hares. 



Lawful «al<» 
of game. 



Unlawful 

possession 
of game-dird» 
and game- 
animals. 



Violation. 



Penalties. 



m 



GAME, FISH AND FORESTRY LAWS 



1 



Unlawful 
possession. 



Birds or ani 

mals. 



Eggs «r 
nests. 



Prima facie 
evidence. 



Lawful trap- 
ping of quail 
5md ring- 
neck pheas- 
ants. 



Transporta- 
tion. 



Hunting, for 
wages or 
hire. 



Guides. 



Employer. 
Violation. 
Penalty 



Employer. 
Penalty. 



of, which shall have been lawfully taken or killed in 
a wild state within this Commonwealth, and unlaw- 
fully held contrary to the provisions of this section. 

Section 29. The possession by any persons, except 
as provided for in this act, of a living or dead bird 
or animal of any kind protected by this act, or the 
possession of any part thereof, or of the egg or nest 
of any such bird, or of parts thereof, shall be prima 
facie evidence that the same was taken or held con- 
trary to the provisions of law ; and shall render each 
person in whose possession or under whose control 
the same shall have been found liable to the penalties 
imposed for violation of that provision of this act fix- 
ing a penalty for the killing of such bird or animal 
out of season, or of that provision fixing penalties for 
interfering with birds' nests, as the case may require. 
Section 30. It shall be lawful to trap quail, com- 
monly called Virginia partridge, or Hungarian quail, 
or ring-neck pheasants from the first day of December 
to the first day of Anril next following, for the purpose 
of keeping them alive during the winter, or for the 
purpose of separating a covey to increase the chances 
of propagation, but for no other purpose whatever: 
and neither quail nor pheasants thus taken shall be 
transported from one locality to another locality in this 
State, excepting by written permission of the President 
of the Board of Game Commissioners. All birds thus 
taken shall be liberated in the spring as soon as the 
weather will permit. 

Section 31. It shall be unlawful for any person to 
kill game of any description for wages or hire, or in 
evasion of this provision; and, to that end, it shall be 
unlawful for any person acting as a guide to deliver, 
or in any mannpr cause to be delivered, to the benefit 
of his employer or the person he may be guiding, game 
of any description killed by him in this Common- 
wealth : or for the employer of any employe, acting in 
the capacity of a guide, to receive game of any de- 
scription killed by such employe or guide while in his 
employ. Any person who, acting as a guide or em- 
ploye, shall violate this section, shall be liable to a 
penalty of two hundred dollars and six months' im- 
prisonment for each elk, and one hundred dollars for 
each deer, and twenty-five dollars for each game-bird, 
and ten dollars for each rabbit or hare or squirrel, 
he may kill and apply to the benefit of bis employer 
and each employer accepting game of any description, 
killed by a person in his employ as a guide, shall be 



GAME, FISH AND FORESTRY LAWS. 



•1 



liable to a penalty of two hundred dollars and six 
months' imprisonment for each elk, and one hundred 
dollars for each deer, and twenty-five dollars for each 
game-bird, and ten dollars for each rabbit or hare or 
squirrel, he may thus receive. 

Section 32. It shall be unlawful for any person to 
ship game of any description, or any part thereof, 
killed in a wild state in this Commonwealth, by parcel 
post : and it shall be unlawful to ship or transport by 
express or as freight or baggage, or by common car- 
rier of any description or by automobile or vehicle of 
any kind, any bird or animal, or part thereof, of the 
kind commonly known as small game, killed in a 
wild state in this Commonwealth ; or for any common 
carrier to transport small game of any kind, from one 
point to another point in this Commonwealth, unless 
such small irame is accompanied by the owner thereof, 
or is carried upon the same train or automobile or 
vehicle with snoh owner; and, where such game is of 
a kind commonly known as small game, the same shall 
be carried upon the person, in the hunting-coat or 
game bag, or openly as hand baggage, without cover, 
in such manner as to be easily seen and inspected; or, 
when carried in baggage or boxed for shipment, each 
package or box or receptacle of any description con 
taining game shall have attached thereto a card or 
marker bearing in English the name of the person 
owning same, with the place of his residence, the 
name of the county wherein such game was killed, 
and the nwmber of each species of small game-birds 
or animals contained in said packasre. 

Where game of the kind commonly known as large 
game .is shipped, the caroess shall in all instanees have 
attached a card or marker, bearing the name and 
address of the owner, with the name of the county 
wherein same was killed. 

Where large game is cut up for shipment, each di- 
vision thereof shipped uncovered, and each package 
of everv description containing any part of such 
gam* 1 , shall have attached a card or marker, bearing 
in English the name of the owner of sur-h game, with 
his home address, and the character of the contents 
of such package, so that such contents may be de- 
termined bv an outside inspection of such package: 
Provided, That no provision of this act relative to the 
shipment of parts of game within the Commonwealth 
shall apply to the shipment of that part of either a 
bird or animal, either legally or accidentally killed, 



Shipment of 
game within 
the State. 
Shipment of 
game of all 
kinds by par- 
eel post ab- 
solutely pro- 
hibited. 



Shipment 
otherwise. 



Common car- 
riers. 



Accompanied 
by »wuer. 



Small game. 
Tagging. 

Large game. 
Marker. 



When cut up 
for shipment. 



Marker. 



9§ 



GAME, FISH AND FORESTRY LAWS 



Trophy »r 
specin»«*. 



Transporta- 
tion. 



Violation. 
Penalty. 



Penalty. 

Shipment «r 
removal of 
game from 
the State. 



Coran»on ear- 
ners, etc. 



\ iolatioa. 
Penaltr. 



Game in 

transit. 



that the holder thereof may desire to preserve as a 
trophy or as a specimen, and shall send to a taxi- 
dermist within the Commonwealth for tannins or 
mounting, when the package is properly marked 
showing the contents thereof. 

Any person who shall transport or attempt to trans- 
port a game animal or game-bird of any description, 
or part thereof, contrary to any provision of this sec- 
tion, shall be liable to a penalty equal in amount to the 
penalty imposed by this act for the killing of such 
animal or bird during "the close season; and every 
person, acting for himself or for another, or as the 
agent of a common carrier, who shall knowingly or 
negligently receive game for transportation contrary 
to the provisions of this section, shall be liable to a 
penalty of twenty-live dollars for each offense. 

Section 33. No person shall at any time transport 
or ship or remove, or cause to be transported or 
shipped or removed, out of this State, any game- 
animal or game bird or wild bird protected by this 
act: or shall catch, take, or kill, or have in his pos- 
session or under his control, any of the game-birds or 
game animals or wild birds of this State, the killing 
of whiob at any or all tim°s is prohibited by the laws 
of this State, with intent to allow or aid in the ship- 
ment or removal thereof out of this State; and, ex- 
ecuting as provided for in this act, it shall be unlaw 
ful for any person acting in the capacity of a common 
carrier, or as the operator of an automobile, or in 
eontrol of a vehicle of any kind, to knowingly receive 
for transportation or transport, or remove or aid or 
assist in removing, beyond the limits of the State, any 
of the wild birds or gome- birds or game-animals men- 
tioned in this act. Whoever shall offend against any 
provision of this section shall be liable to a penalty 
of two hundred dollars and six months' imprisonment 
for eaeh elk, and one hundred dollars for each deer, 
and twenty-five dollars for each game-bird, and ten 
dollnrs for each rnbbit or hare or squirrel, or part 
thereof, either carried or attempted to be carried out 
of the State in violation of this section: Provided, 
That nothing: contained in the laws of this Common- 
wealth shall be held to impose any ppnalty unon the 
transportation of srnme in unbroken packages in tran- 
sit through this State from another State; or to the 
shipment ont of the State, at any time, of game 
legally killed or taken in another State, whether the 
same be in original packages or otherwise ; and no 



GAME, FISH AND FORESTRY LAWS. 



m 



penalty shall attach, in any way, when game legally 
killed in this Commonwealth is delivered, in good 
faith, to an express company or other common carrier 
for transportation from one point to auother point 
in this State, and is accompanied by the owner there- 
of, and actually delivered at the point of destination 
within this State, if necessarily carried out of this 
State to reach its destination: And provided further, 
That any non-resident licensed hunter may take with 
him personally, when leaving the State, in manner 
prescribed by that law controlling the shipment of 
game from one point to another point in this Com- 
monwealth, relative to the tagging of game, any of 
the game-animals or game-birds, except wapiti or elk, 
that such licensee has lawfully taken 1 or killed, not 
exceeding during the season the number that any one 
person may lawfully take or kill in any one day. 

Any person violating this section, relative to the 
carrying or transportation of game out of the State 
by non-residents, shall be liable to a penalty, for each 
animal or bird taken or attempted to be taken out of 
the State, equal in amount to the penalty now im- 
posed by law for the killing of such animal or bird 
during the close season, and, in addition, shall be 
denied the right to hunt in this State for a period 
of five years from the date of his offense, under a 
penalty of twenty-five dollars for each day such per- 
son may hunt contrary to this provision. 

Section 34. Each magistrate, justice of the peace, 
and alderman shall have the power of summary con- 
viction in matters pertaining to violation of any of the 
provisions of this act. All actions for violation of any 
of the provisions of this act, except where the de- 
fendant is taken in the act of violating the law, or in 
a pursuit immediately following such violation, shall 
be commenced by affidavit made within two years 
after the date of such violation : and any magistrate, 
justice of the peace, or alderman in this Common- 
wealth, on complaint made before him, by affidavit, 
by one or more persons, of a violation of any of the 
provisions of this act by any person, is hereby author- 
ized and required to issue his warrant, under his hand 
and seal, directed to any constable, police officer, 
game-protector, or any officer of the Commonwealth 
whose duty it is to protect the game and wild birds 
•f the Commonwealth, and cause such person to be 
brought before him, such magistrate, justice of the 
peace, or alderman, who shall hear the evidence and 



Game carried 
out of State 

to reach 
destination 
within the 
State. 



Proviso. 

Non-resident 
licensed nun 
ter may 
carry certain 
game out of 
State. 

Tagging:. 

Quantity. 

Violation. 



Penalty. 



Summary 
convictioH. 



Actions. 



Affidavit. 



Warrants. 



Hearings. 



94 



GAME, FISH AND FORESTRY LAWS. 



Penalties. 

Disposition 
of when 
salaried of- 
ficer is prose- 
cutor. 

Disposition 
of when 
other than 
salaried of- 
ficer is prose- 
cutor. 



Duty »f Sec- 
retary ©f the 
board. 



Separate 

fund. 



Appeals. 



determine the guilt or innocence of the person accused ; 
and, if such person be convicted of the offense 
charged, he shall be sentenced to pay the full penalty 
prescribed by the section violated, together with the 
costs of prosecution. 

All penalties thus recovered, in cases where the 
prosecutor is a salaried officer of the Commonwealth, 
shall be immediately surrendered by the court receiv- 
ing the same to the prosecutor, who, in turn, as soon 
as may be, shall forward or deliver such amount in 
full to the Secretary of the Board of Game Com- 
missioners, at Harrisburg. 

Where any citizen of the Commonwealth other than 
a salaried officer is the prosecutor, one-half of any 
penalty thus collectnd shall be paid to such prosecutor 
by the court receiving the same : and the remaining 
one half shall be, as soon as the case is fully de- 
termined before him, forwarded by such magistrate, 
justice of the peace, or alderman to the Secretary of 
the Board of Game Commissioners, at Harrisburg, to- 
gether with a statement of the cause for which such 
money shall have been collected, the cost of which 
statement is hereby fixed at fifty cents and made a 
part of the costs of prosecution. 

It shall be the duty of said Secretary of the Board 
of Game Commissioners to, at least once a month, 
make return of all moneys officially received by him 
to the State Treasurer, who shall keep the moneys 
thus collected as a fund separate and apart, solely 
for the purpose of wild bird and game protection, 
and for the purchase and propagation of game under 
the supervision of the Board of Game Commissioners 
of the Commonwealth of Pennsylvania, and for the 
payment of bounties under the provisions of law. The 
several purposes to which the fund, so received by 
the State Treasurer, shall be applied to be clearly 
designated by an act of the Legislature, either in 'the 
general appropriation act or by separate appropria- 
tion. 

Either the prosecutor or defendant being dissatisfied 
with the finding of the magistrate, justice of the peace, 
or alderman, in a trial for a violation of any provision 
of this act, shall be entitled to an appeal under the 
provisions of section fourteen of article five of the 
Constitution, and the laws of Pennsylvania relating 
thereto . 

On the conviction of the defendant of such offense, 
and his failure to pay the penalty in full imposed by 






GAME, FISH AND FORESTRY LAWS 



95 



this act, together with the costs of prosecution, the 
court heariug the case shall commit such defendant to 
the common jail of the county for one day for each 
dollar of penalty imposed: Provided, That any per- 
son caught in the act, or charged with a violation of 
any provision of this act, may, at his discretion, 
either before or after the bringing of the suit, sign an 
acknowledgment of the offense committed, and pay to 
any duly authorized Game-Protector or Deputy Game 
Protector the penalty in full, as fixed by the section 
violated, together with costs, if any, to date; and the 
receipt which he shall receive therefrom, and which 
in all instances shall bear the imprint of the seal of 
the Board of Game Commissioners and the signature 
of its Secretary, shall be evidence of full satisfaction 
of the offense committed. 

Section 35. The following acts and parts of acts of 
Assemblv nrp nbsolutelv repented; inmo'v, — **** 

Act of Mav 1, 1909 (P. L. 325) ; Act of April 6, 1911 
(P. L. 49); Act of June 3, 1911 (P. L. 653); Act of 
June 15, 1911 (P. L. 957) ; Act of March 21, 1913 (P. L. 
8); Act of April 2, 1913 (P. I.. 33); Act of April 18, 
1913 (P. L. 99); Act of April 22, 1913 (P. L. 108); 
Act of May 1, 1913 (P. L. 137): Act of May 9, 1913 
(P. L. 193); Act of April 15, 1915 (P. L. 131); Act of 
April 15, 1915 (P. L. 133) ; Act of April 21, 1915 (P. L. 
146). * * * * 

All other acts and parts of acts inconsistent with 1 1 1 i - 
act are repealed. The repeal of any of the aforesaid 
acts of Assembly shall not affect any prosecution pend- 
ing at the date of the passage of this act, nor prevent 
the institution of any prosecutions for violations of 
any of thp provisions of the aforesaid acts committed 
prior to the passage of this act: but all such pending 
prosecutions shall be terminated, and all such viola- 
tions shall be prosecuted, in the snme manner and 
under th° same authority and with like effect as prior 
to the passage of this act. 

Section 36. The provisions of this act shall be sever- 
able, and if any of the provisions shall be held to be 
unconstitutional such decision shall not affect the 
validity of any of the remaining provisions of this 
act. 

Approved— The 7th day of Tune, A. D. 1917. 

MARTIN G. BRUMBAUGH. 



Commit- 
ments. 



Provise. 



Acknowledg- 
ment of of- 
fense. 



Receipt. 



Repeats. 



General re- 
peal. 



PreoecntionK. 



Provisions 
shall be sev- 
erable. 



GAME, FISH AND FORESTRY LAWS 



Act of July 
11th, 1917, P. 
L. 81S. 



Dog Law 
1917. 


of 


Meanings 
terms. 


of 


"Livestock" 
defined . 


"Poultry* 
defined. 


• 


"Person" 
defined. 




Number 
gender. 


and 


"Owner" 
fined. 


de 



"Kennel' 
defined. 



"Police offi- 
cer" defined. 



AN ACT* 

Relating to dogs, and the protection of livestock and 
poultry from damage by dogs ; providing for the li- 
censing of dogs; regulating the keeping of dogs, and 
authorizing their destruction in certain cases : pro- 
viding fur the protection of licensed dogs, and for 
dogs temporarily imported for. trial, show, and 
breeding purposes ; prescribing certain privileges for 
hunting dogs, and clogs owned or used by the Board 
of Game Commissioners ; providing for the assess 
ment of damages done by dogs, and payment thereof 
by the proper county to the owners of livestock and 
poultry, and of damages to licensed dogs; imposing 
powers and duties on certain State, county, city, 
borough, town, and township officers and employes, 
and on city councils of cities of the first and second 
class; and providing penalties. 

Section 1. Be it enacted, &c, That this act shall 
be known and m-iy be cited as the Dog Law of One 
Thousand Nine Hundred and Seventeen. 

Section 2. For the purpose of this act the follow- 
ing terms shall have the following meanings respec- 
tively designated for each: 

The term "livestock" shall include horses, stallions, 
colts, geldings, mares, sheep, rams, lambs, bulls, 
bulloeks, steers, heifers, eows, calves, mules, jacks, 
jennets, burros, goats, kids and swine. 

The term "poultry" shall include all domestic fowl. 

The word "person" shall inelude State and local of- 
ficers or employes, individuals, corporations, copart- 
nerships, and associations. Singular words shall in- 
clude the plural. Mascular words shall include the 
feminine and neuter. 

The word "owner," when applied to the proprietor- 
ship of a dog, shall include every person having a 
right of property in such dog, and every person who 
keeps or harbors such dog or has it in his care, and 
everv person who permits such do^ to remain on or 
about any premises occupied by him. 

Section 3. The term "kennel" shall mean any es- 
tablishment wherein or whereon dogs are kept for the 
purnose of breeding, sale, or sporting purposes. 

The term "police officer" shall mean any person em- 
ployed or elected by this Commonwealth, or by any 
municipality, county, or township, and whose duty it 

♦This is not a game law and is put her* only for the 
purpose of information to owners of dogs. 






GAME, FISH AND FORESTRY LAWS. 



!>7 



is to preserve peace or to make arrests or to enforce 
the law. The term includes game, fish, and forest 
wardens. 

Section 4. On or before the fifteenth day of January, 
.me thousand uine hundred and eighteen, and on or be- 
fore the fifteenth day of January of each year there 
after, the owner of any dog six months old or over 
shall apply to the county treasurer, either orally or in 
writing, for a license for each such dog owned or kept 
by him. Such application shall state the breed, sex, 
age, color, and markings of such dog, and the name 
and address of the last previous owner; and shall be 
accompanied by a fee of not less than one dollar, nor 
more than two dollars, for each male dog and each 
spayed female dog ; and by a fee of not less than two 
dollars, nor more than four dollars, for each unspayed 
female dog. The license fee shall be determined by the 
commissioners of the several counties of the State, and 
shall be the only license or tax required for the owner- 
ship or keeping of said dog or dogs. 

Section 5. Such license shall be issued on a form 
prepared and supplied by the county commissioners. 
Such license shall be dated and numbered, and shall 
bear the name of the county issuing it and a descrip- 
tion of the dog licensed. All licenses shall be void upon 
the fifteenth day of January of the following year. 
The county commissioners shall also furnish, and the 
county treasurer shall issue, with each license, a metal 
tag. Such tag shall be affixed to a substantial collar. 
The collar shall be furnished by the owner, and with 
the tag attached shall at all times be kept on the dog 
for which the license is issued, except when confined 
in the kennel ; and except, also, that dogs owned or 
used by the Board of Game Commissioners of the Com- 
monwealth, or their special deputy game-protectors, 
servants, agents, and employes, shall not be required 
to wear the collar and tag aforesaid when used in 
hunting wildcat and bear during the winter months 
Df December, January, and February in each and 
every year. 

Section 6. The county commissioners shall prepare, 
and furnish annually to the county treasurer, metal 
tags to be given by the county treasurer to the owners 
of dogs when such owners shall pay the license fee for 
said dogs. Such tags shall be of metal, and shall bear 
the name of the county issuing it, and a serial number 
corresponding with the number of the license issued 
to said owner, as provided in the preceding section of 
7 



Application 
for license. 



Fee for each 
dog. 



When void. 



Collar and 
tag to be 
kept on dog. 



Exceptions. 



County com- 
missioners to 
furnish tags. 



Tags describ- 
ed. 



GAME, FISH AND FORESTRY LAWS 



Lost tags to 
be replaced 
without cost. 



Tags issued 
by justice of 
the peace. 



Fee of jus- 
tice of the 
peace. 



Report to 

county 

treasurer. 



License tot 
dogs six 
months old. 



this act. Such tags shall also have impressed thereon 
the calendar year for which such tag is issued, and 
shall not be more than one inch in length, and shall 
be equipped with a substantial metal fastening device. 
The general shape of said tag shall be changed from 
year to year. 

If any such tag is lost it shall be replaced without 
cost by the county treasurer, upon application by the 
person to whom the original license was issued, and 
upon production of such license. 

Section 7. Any justice of the peace within the 
county who has qualified by having applied to the 
county treasurer, and having received and receipted 
for necessary blanks and tags, may issue such dog 
licenses and tags in like manner as prescribed for the 
issunnce of licenses by the county treasurer. When 
a license is issued by a justice of the peace the per- 
son applying for the license shall pay fifteen cents to 
the said justice, in addition to the other fees pre- 
scribed as the cost of said license. Said fifteen cents 
shall be retained by the justice of the peace as his fee 
for the issuance of said license and reporting the same- 
and remitting payment therefor to the county treas- 
urer. Such report and remittance shall be made by 
the justice of the peace within twenty-four hours 
after the issuance of any license by him ; whereupon 
the county treasurer shall make a record of, and 
otherwise treat, said license as though it had been 
issued from his office, except that he shall also note 
upon his record the name of the justice issuing the 
license. 

Every justice of the peace shall deliver the book 
or books from which he has issued licenses, together 
with the stubs therein properly filled out and showing 
the names of each licensee and the number of the 
license issued to him, to the county treasurer before 
the fifteenth day of January of each year. 

Soction 8. Any person becoming the owner, after 
the fifteenth day of January of any year, of any dog 
six months old or over which has not already' been 
licensed, or any person owning or keeping a dog which 
becomes six months old at any time after the fifteenth 
day of January of any year, shall forthwith apply for 
and secure a license for such dog in the same manner 
as the annual license is obtained under the provisions 
of this act. If any such application is made at any 
time after the fifteenth day of July of any year the 
license fee shall be, — for each male or unspayed fe- 



GAME, FISH AND FORESTRY LAWS 



male dog, one-half of the amount fixed as the annual 
license, by county commissioners, for male or gpayed 
female dogs: for each unspayed female dog, one-half of 
the amount fixed as the annual license, by the county 
commissioners, for unspayed female dogs. 

Section 9. No license or license tag issued for one 
dog shall be transferable to another dog, except as 
provided in sections eleven and twelve of this act. 
Whenever the ownership or possession of any dog is 
permanently transferred from one person to another 
within the same county, the license of such dog may be 
likewise transferred, upon notice given to the county 
treasurer. This act does not require the procure- 
ment of a new license, or the transfer of a license 
already secured, when the possession of a dog is tem- 
porarily transferred for the purpose of hunting game, 
or for breeding, trial, or show, in this Commonwealth. 

Section 10. Whenever any dog licensed in one county 
is permanently removed to another county, the county 
treasurer of the county where the license was issued 
shall, upon the application of the owner or keeper of 
such dog, certify such license to the treasurer of the 
county to which the dog is removed. Such treasurers 
shall thereupon, and upon the payment of a fee of 
twenty-five cents, issue a license and tag for such dog 
in the county to which it is removed. 

This section does not apply to dogs used during the 
hunting season for hunting game, or temporarily for 
breeding, trial, or show, in the Commonwealth: nor 
for the transportation of dogs for hunting, breeding, 
trial, or show purposes, the home county license hold- 
ing good for such purposes throughout the Common- 
wealth. 

Section 11. Any person who keeps or operates a 
kennel may, in lieu of the license for each dog required 
by this act, apply to the county treasurer for a kennel 
license entitling him to keep or operate such kennel. 
Such license shall be issued by the county treasurer, 
on a form prepared and supplied by the county com- 
missioners, nnd shall entitle the licensee to keep any 
number of dogs six months old or over, not at any 
time exceeding a certain number to be specified in the 
license. The fee to be paid for each kennel license 
shall be five dollars for ten dogs or less, and ten dollnrs 
for more thnn ten doers permitted to be kept under the 
kennel licenses. With each kennel lieense the county 
treasurer shall issue a number of metal tags equal to 
ftie number of dogs authorized to be kept in the kennel. 



Transfer «f 
license «r 
tag. 



Removal »r 
dog to aB- 
other c»unfry 



When this 
section does 
not apply. 



Kennel li- 
cense. 



Fee. 



Tags. 



100 



GAME, FISH AND FORESTRY LAWS. 



Transfer of 
tags. 



Dogs tempo- 
rarily outside 
of kennel. 



Dogs brought 
into the 
State tem- 
porarily. 

County treas- 
urer to keep 
record. 



Transfers to 
he recorded. 



County to 
get fees. 



Payment of 
bills. 



All such tags shall bear the name of the county issu- 
ing it, the number of the kennel license, and shall 
be readily distinguishable from the individual license 
tags for the same year. 

Section 12. The licensee of a kennel shall, at all 
times, keep one of such tags attached to a collar on 
each dog six months old or over kept by him under a 
kennel license. Such ta?s may be transferred from 
one dog to another within the kennel whenever any 
dog is removed from the kennel. No dog bearing a 
kennel tag shall be permitted to stray or to be taken 
anywhere outside the limits of the kennel. 

This section does not prohibit the taking of dogs 
having a kennel license outside the limits of the kennel 
temporarily and in leash, nor does it prohibit the 
taking of such dogs out of the kennel temporarily for 
the purpose of hunting, breeding trial, or show. 

Section 13. Any person may bring or cause to be 
brought into the State, for a period of thirty days one 
or more dogs for show, trial, or breeding purposes. 

Section 14. The county treasurer shall keep a record 
of all dog licenses, and all kennel licenses, and all per- 
mits issued during the year. Such records shall con- 
tain the name and address of the person to whom 
each license or permit is issued. In the case of an 
individual license, the record shall also state the breed, 
•iex, age, color, and markings of the dog licensed; and 
in the case of a kennel license, it shall state the place 
where the business is conducted. The record shall be 
a public record and open to persons interested, dur- 
ing business hours. 

Whenever the ownership or possession of any dog 
licensed under the provisions of this act is transferred 
from one person to another, except the temporary 
transfer of dogs for hunting purposes, or for breeding, 
trial, or show, as provided in section nine of this act, 
such transfer shall be noted on the record of the county 
treasurer. 

Section 15. An accurate record of all license fees 
collected by the county treasurer, or paid over to him 
by any justice of the peace, shall be kept as a matter 
of imformation ; but all such funds shall be turned 
into the county funds. All moneys at present in the 
"dog fund" derived from taxation of dogs, under the 
existing law, shall be turned into the county fund. 
All bills incurred under this act, or due at the time 
of the passage of this act, shall be paid out of the 
county fund, and any excess moneys collected under 



GAME, FISH AND FORESTRY LAWS 



101 



this act shall be used for other county purposes. 

Section 16. The assessors for taxation purposes in 
each township, borough, town, and city of this Com- 
monwealth shall annually, at the time of assessing 
property us required by law, make diligent inquiry as 
to the number of dogs owned, harbored, or kept by 
any person so assessed. 

The assessor shall annually, on or before the thirty - 
6rst day of December, make a complete report, on a 
blank form furnished by the county commissioners, 
to such commissioners, setting forth the name of every 
owner of any dog or dogs, how many of each sex are 
by him owned or harbored, and if a kennel is main- 
tained by any person such fact shall also be stated. 
It shall be the duty of the assessor, at the time of 
making the assessment, to notify the owner of such dog 
or dogs that he must obtain a license for the same as 
provided for in this act; but the neglect or failure so 
to notify such owner shall not relieve the owner from 
his duty to obtain such licenses. 

Section 17. On and after the fifteenth day of Jan- 
uary, one thousand nine hundred and eighteen, it shall 
be unlawful for any person to own or keep any dog 
six months old or over unless such dog is licensed by 
the treasurer of the county in which the dog is kept : 
and unless such dog at all times wears the collar and 
tag provided for by this act, unless such dogs are 
temporarily brought into the State for breeding, trial, 
or show purposes. 

Section 18. It shall be the dupty of every police of- 
ficer to seize and detain any dog or dogs which bear a 
proper license tag, and which are found running at 
large and unaccompanied by its owner or keeper. It 
shall be the duty of every police officer to kill any dog 
which does not bear a proper license tag, which is 
found running at large. The chief of police or his 
agents, of any city, the high constable of any borough, 
or the constable of any borough not having a high 
constable, and the constable of any incorporated town 
or township, shall cause any dog bearing a proper 
license tag and so seized and detained to be properly 
kept and fed, and shall cause immediate notice, either 
personal or by registered mail, to be given to the per- 
son in whose name the license was procured, or his 
agent, to claim such dog within ten days. The owner 
of a dog so detained shall pay all reasonable expenses 
incurred by reason of its detention, under the pro- 
visions of this section, before the dog is returned. 



Inquiry by 

assessors. 



Assessors' re 
port. 



Act cft'ecti vp 
January IS, 
1918. 



Seizure of 
dogs rannli 
at large. 



Duties of oftf 
cers. 



GAME, FISH AND FORESTRY LAWS. 



Disposal •£ 

unclaimed 

•dogs. 



Sale for Titi- 
section pro- 
hibited. 



Pay of of- 
ficers. 



Penalty for 
iion-perfortii- 
;ince of d.itjr. 



When dogs 
may be 
killed. 



»Hbjets »f 

larceaiT. 



iViso*ioig. 



Section 19. If, after ten days from the giving of 
such notice, such dog has not been claimed, such chief 
of police or his agent, constable, or high constable 
shall dispose of such dog by sale, or by destruction 
in some humane manner. No dog so caught and de- 
tained shall be sold for the purpose of vivisection. 
All moneys derived from the sale of such dog, after 
deducting the expense of its detention, shall be paid 
to the county treasurer and by him placed in the 
county fund. For services under sections eighteen and 
nineteen of this act, such officers shall be paid the 
sum of one dollar for detaining a licensed dog, and 
the sum of one dollar for the killing of a dog. All 
expenses incurred under this act or the preceding sec- 
tion, and not otherwise provided for, shall be paid by 
the proper county. 

Section 20. For failure to perform his duty under 
the provisions of this act, such police officer shall be 
liable to a penalty of two dollars for each offease, 
which amount shall be deducted from any amount due 
such police officer from the county, at any settlement 
between such officer and the county commissioners. 

Section 21'. Any person may kill any dog which he 
sees in the act of pursuing, worrying, or wounding any 
livestock, or attacking human beings, whether or not 
such dog bears the license tag required by the provi- 
sions of this act. There shall be no liability on such 
person in damages or otherwise for such killing. 

Any unlicensed dos that enters any field shall con- 
stitute a private nuisance, and the owner or tenant of 
such field, or their agent or servant, may kill such dog 
while it is in the field, without liability or responsibil- 
ity of any nature for such killing. 

Licensed dogs when accompanied by their owner or 
handler shall not be included under the provisions of 
this section, unless caught in the act of worrying, 
wounding, or killing any livestock, or attacking hu- 
man beings. 

Section 22. All dogs are hereby declared to be per- 
sonal property and subjects of larceny. Except as 
provided in section twenty-one of this act, it is unlaw- 
ful for any person, except a police officer, to kill, in- 
jure, or poison, or to attempt to kill, injure, or 
poison, any dog which bears a license tag for the cur- 
rent year. 

It is unlawful for any person to ^lace any dog- 
button, or any poison of any description, in any place 
on his own premises or elsewhere where it may be 
easily found and eaten by dogs. 






GAME, FISH AND FORESTRY LAWS. 

It shall be unlawful for any person, except the 
awner or authorized agent, to remove any license tag 
from a dog collar, or to remove any collar with a li- 
cense trig attached thereto, from any dog. 

It shall be unlawful for any person to harbor, or 
permit to remain about his premises, any dog not hav- 
ing a license. 

This section does not prohibit the Board of Game 
Commissioners, or any of its officers and agents, from 
placing poison, under the provisions of the game laws 
of this Commonwealth. 

Section 23. It is unlawful for the owner or keeper 
of any female dog to permit such female dog to go 
beyond the premises of such owner or keeper at any 
time she is in heat, unless such female dog is held 
properly in leash. 

Section 24. The owner or keeper of every dog shall 
at all times, between sunset and sunrise of each day, 
keep such dog, — either (a) confined within an enclo- 
sure from which it cannot escape, or (b) firmly secured 
by means of a collar and chain or other device so that 
it cnnnot stray beyond the premises on which it is se- 
cured, or (c) under the reasonable control of some 
person, or when engaged in lawful hunting accom- 
panied by an owner or handler. 

Section 25. Whenever any person sustains any loss 
or damage to any livestock or poultry by dogs, or any 
livestock of any person is necessarily destroyed because 
of having been bitten by a dog, such person, or his 
agent or attorney, may complain to any township 
auditor, or to any justice of the peace, magistrate, or 
alderman of the township, town, borough, or city. 
Such complaint shall be in writing, shall be signed 
by the person making such complaint, and shall state 
when, where, and how such damage was done, and by 
whose dog or dogs, if known. Such township auditor, 
justice of the peace, magistrate, or alderman shall at 
once examine the place where the alleged loss or dam- 
age was sustained and the livestock or poultry in- 
jured or killed, if practicable. He shall also examine, 
under oath or affirmation, any witness called before 
him. After making diligent inquiry in relation to such 
claim, such township auditor, justice, magistrate, or 
alderman shall determine whether any damage has 
been sustained and the amount thereof, and, if possi- 
ble, who was the owner of the dog or dogs by which 
such damage was done. 



10S 



Removal of 
tag. 



Harboring. 



Board of 
Game Com- 
missioners. 

Female dog. 



Nieht stray- 
ing pro- 
hibited. 



Damage t» 
or loss of 
livestock. 



Complaint 
by owner. 



Determina- 
tion of 
amonnt of 
damage. 



104 



GAME, FISH AND FORESTRY LAWS. 



Liability of 
owner or 
keeper. 



Certificate of 
examination. 



Fee for -spe- 
cial service. 



PaTtnent of 
claim for 
loss or dunn- 
age. 



Burial of 
livestock or 
ponltrv kill- 
ed. 



Any owner or keeper of such dog or dogs shall be 
liable to the owner of such livestock or poultry in 
a civil action for all damages and costs, or to the 
county to the extent of the amount of damages paid 
by such county as hereinafter provided. 

Section 26. Upon making the examination required 
in section twenty- five of this act, the township auditor, 
justice, magistrate, or alderman shall immediately 
make a certificate thereto, signed and sealed by him, 
that such appraisement was regularly and duly made. 
If, by such examination, it appears that any damage 
has been sustained by the complainant, the township 
auditor, justice, magistrate, or alderman shall deliver 
the report of such examination, and all papers relating 
to the case, to the claimant, or his agent or attorney, 
upon payment of the costs up to that time. Such 
report shall be delivered to the county commissioners 
to be filed in their office. 

Section 27. Township auditors, justices of the peace, 
magistrates, and aldermen, for the special service re- 
quired under sections twenty-five and twenty-six of 
this act, shall receive two dollars for each case, and 
five cents ppr mile for each mile traveled, to be paid 
by the claimant in each case. In all cases where 
damages are awarded, the fees paid by claimants shall 
be inHuded in the amount of such damages. 

Section 28. Upon the commissioners of the county 
receiving such report, if it appears thereby that a 
certain amount of damage has been sustained by the 
claimant, they shall immediately draw their order 
on the treasurer of the county in favor of the claimant 
for the amount of loss or damage such claimant has 
sustained according to such report, together with 
necessary and proper costs incurred. Such amount 
shall be paid by the proper county. No person shall 
receive any order for any claim until the township 
auditor, justice of the peace, magistrate, or alderman 
before whom the claim was made has certified that 
due diligence was made to ascertain whose dog or dogs 
did the damasre, and that the carcasses of the livestock 
or poultry- killed, and for which damages have been 
assessed, where buried within twenty-four hours after 
the assessment of damages. The owners of any live- 
stock or poultry killed by dogs, or livestock necessarily 
destroyed because of having been bitten by a dog, 
shall be paid fifty cents each for burial of such live- 
stock or poultry killed, to be paid as other damages 
under this section. Upon payment by the county of 



GAME, FISH AND FORESTRY LAWS 



105 



damages to livestock or poultry by dogs, the rights 
of the owner of such livestock or poultry against the 
owner of the dog, to the extent of the amount of 
damages so paid by such county, shall enure to the 
bench t of the county. 

Section 29. No payment shall be made for any item 
which has already been paid by the owner of the dog 
or dogs doing the injury. The fact that no such pay- 
ment has been made shall be certified by the township 
auditor, justice of the peace, magistrate, or alder- 
man. 

When any payment is made by the county for any 
livestock bitten by a dog, such payment shall not ex- 
ceed one hundred dollars for each horse or mule, forty 
dollars for each head of cattle, or six dollars for each 
head of swine. 

Section 30. Any valid claims or parts thereof for 
loss or damage to sheep, horses, mules, cattle, or 
swine, which have accrued under any general or local 
laws at any time prior to the passage of this act, shall 
not abate by reason of the repeal of such general or 
local act, but shall be paid out of the general fund 
»f the proper county. 

All claims or parts thereof remaining unpaid for 
any reason at the close of any year shall not abate, 
but shall continue as claims until paid in full. 

Section 31. If, in the report of the township audi 
tor, justice of the peace, magistrate, or alderman, the 
name of the owner of any dog or dogs having caused 
loss or damage to any livestock is definitely and con- 
clusively shown, the county commissioners shall notify 
such owner or keeper immediately to kill said dog 
•r dogs; and if said dog or dogs be killed in accord- 
ance with such notice or order, the owner or keener 
of said dog or dogs shall be exempt from all further 
liability. 

Upon failure, however, of such owner to comply 
with such order within a period of ten days, he shall 
be liable for the damages caused by said dog or dogs; 
and the chief of police or his agent of the township, 
town, borough, or city in which said dog or doers are 
kept shall, upon notice from the county commission- 
ers, kill such dog or dogs wherever found. For such 
service he shall be entitled to one dollar for each dog 
so killed, to be naid by the proner countv, noon a 
certified statement to the commissioners that such dog 
•r does h->vp beon killed bv him. The county commis- 
sioners shall issue an order on the county treasurer 



Payment al- 
ready made 
by owner, 



Payment by 
county. 



Valid claims 
shall not 
abate. 



Notice to 
kill flogs. 



Exemption 

from Further 
liability. 



Owner's fail- 
ure to kill. 



106 



GAME, FISH AND FORESTRY LAWS 



Ealse state- 
ments. 



Burden of 
proof. 



Enforcement 
of act by 
Secretary of 
Agriculture. 



Violations. 



Penalty. 
Fines. 



Limitation 
©f act. 



for such amount, unless payment has been made by 
the owner or keeper of the dog or dogs: Provided, 
however, That the owner or keeper of any licensed dog 
or dogs that have caused loss or damage to poultry 
shall not be obliged to kill said dog or dogs unless 
said dog or dogs are mad, but shall be liable for said 
loss or damage. 

Section 32. It is unlawful for any person knowingly 
to make any false statement or to conceal any fact 
required to be disclosed under any of the provisions 
of this act. 

Section 33. In any proceedings under this act the 
burden of proof of the fact that a dog has been li- 
censed, or has been imported for breeding, trial, or 
show purposes, or that a dog is under the age of six 
months, shall be on the owner of such dog. 

Any dog not bearing a license tag shall prima facie 
be deemed to be unlicensed. 

Section 34. The Secretary of Agriculture, through 
his officers and agents, shall have the general super- 
vision over the licensing and regulation of dogs and 
protection of livestock and poultry from damage by 
dogs in all counties of the Commonwealth. The com- 
missioners of each county shall enforce, within their 
respective jurisdiction, the provisions of this act. To 
this end the Secretary of Agriculture may employ all 
proper means for the enforcement of this act. Any 
other State department, bureau, or commission may, 
on request of the Commissioner of Agriculture, assist 
in the enforcement of the provisions of this act. 

Section 35. Any person violating, or failing or refus- 
ing to comply with, any of the provisions of this act 
shall be guilty of a misdemeanor, and upon conviction 
shall be sentenced f o pay a fine not exceeding one hun- 
dred dollars, or to undergo an imprisonment not ex- 
ceeding three months, at the discretion of the court. 

All fines collected under the provisions of this act 
shall be forthwith paid to the treasurer of the proper 
county. 

Section 36. This act is intended as a complete and 
uniform system throughout the Commonwealth for the 
licensing of dogs and the protection of livestock and 
poultry from injury by dogs : but nothing in this act 
shall interfere with any lf iw for the protection and 
preservation of game. Except where such acts or 
parts of acts are specifically repealed, this act does not 
repeal or affect, any acts or parts of acts relating to 
mad dogs or dogs affected with any disease. 



GAME, FISH AND FORESTRY LAWS 



1*7 



Section 37. Nothing in this act shall be construed 
to prevent the owner of a licensed dog from recovery, 
by action at law, the value of any dog which dog has 
been illegally killed by any police officer, fanner, 
stockmnn. or other person within this Commonwealth, 
from said police officer, farmer, stockman, or other 
person. In case such police officer or other person 
fails to pay the value of such dog so killed, the same 
shall be paid by the proper county. Said value of said 
dog to be ascertained in the same manner and form as 
provided in section twenty-five of this act for assessing 
the damage done to livestock by dogs. 

Nothing in this act shall be so construed as to pre- 
vent the killing of a dog caught chasing deer at any 
time of the year, on either public or private lands; 
or to prevent the killing of dogs by any officer empow- 
ered to enforce the game laws of this Commonwealth 
when said dogs are pursuing game during the closed 
season for the training of dogs on game, providing 
said dop-s are not under the immediate control or ac- 
companied by their owners or keepers, and also pro- 
vided that legal notice has previously been given said 
owner or keeper as required by the game laws of this 
Commonwealth. 

Section 38. In the event that any one or more of 
the provisions of this act should be decided to be un- 
constitutional, the court's decision holding the same 
unconstitutional shall not affect the validity of the re- 
maining provisions of this act, it being the intention 
of the Legislature that the provisions of this act are 
severable. 

Section 39. The powers and duties given to and 
imposed upon county commissioners and other officers 
by this act shall not extend to cities of the first and 
second class. In citites of the first and second class 
the power and duty to fix and collect the license fees 
provided in section four of this act, and issue license 
tags, and otherwise perform and carry out the pro- 
visions of this act within the limits of such citites 
shall be, and are hereby, given to and imposed upon 
the council or councils of each of said citites respect- 
ively . 

Section 40. This act does not repeal or in anywise 
affect any of the provisions of the following acts: — 

The net, apnroved the first dav of May, one thou 
sand nine hundred and nine (Pamphlet Laws, three 
hundred twenty-five), entitled "An act to provide for 
the protection and preservation of game, game-quad- 



Daraages f«r 
dogs illeg- 
ally killed. 



Dogs <liftsiag 
deer »r •Wter 
game. 



Provisi»as of 
act sever- 
able. 



Cities »t tl.f 
first and 
sectBd class 



Acts n"t 
affected. 



325. 



P. ).. 



108 gamp:, fish and forestry laws. 

rupeds and game-birds, and song and insectivorous and 
other wild birds, and prescribing penalties for viola- 
tion of its several provisions." 
i9ie, P . L. The act, approved the fifteenth day of April, one 

133: thousand nine hundred and fifteen (Pamphlet Laws, 

one hundred thirty-three), entitled "An act to amend 
section twenty-one of an act, entitled 'An act to pro- 
vide for the protection and preservation of game, 
game-quadrupeds and game-birds, and song and in- 
sectivorous and other wild birds, and prescribing pen- 
alties for violation of its several provisions,' approved 
the first day of May, Anno Domini one thousand nine 
hundred and nine, by extending the season, during 
which dogs may be trained." 
i9ir,, p. l. The act, approved the first day of June, one thou- 

Mi- sand nine hundred and fifteen (Pamphlet Laws, six 

hundred forty-four), entitled "An act to give addi- 
tional protection to wild birds and animals and game 
within the Commonwealth of Pennsylvania ; prohibit- 
ing the hunting for, or capture or killing, of such 
wild birds or animals or game by unnaturalized for- 
eign-born residents ; forbidding the ownership or pos- 
session of dogs by any unnaturalized foreign-born resi- 
dent within the Commonwealth ; and prescribing pen- 
alties for violation of its provisions." 
Aots re- Section 41. The following acts and parts of acts 

veaied. are j^g}^ repealed :— 

* * * The Act of May 18th, 1878 (P. L. 72) ; Act 
of June 12th, 1878, (P. L. 198, No. 231); Act of Mav 
15th, 1889 (P. L. 222); Act of May 25th, 1893, (P. L. 
136); Act of June 7th, 1897, (P. L. 130, No. 105): 
Act of April 11th, 1001, (P. L. 73, No. 43); Act of 
April 23rd, 1901, (P. L. 92): Act of March 1st, 
1905, (P. L. 28); Act of June 1st, 1907, (P. L. 362): 
Act of April 23rd, 1900, (P. L. 170) : Act of June 15th, 
1911, (P. L. 968); Act of Mav 20th, 1913. (P. L. 
259); Act of June 3rd, 1915, (P. L. 790, No. 350): 
Act of June 3rd, 1915, (P. L. 791) ; Act of April 24th, 
1903, (P. L. 296) insofar as it relates to dogs. 

Section 42. All other acts or parts of acts, general, 
local or snecial, inconsistent with or supplied by this 
act, are hereby repealed. 
Approved— The 11th dav of Julv, A. D. 1917. 

MARTIN G. P.RUMBAUGH. 



GAME, FISH AND FORESTRY LAWS. 109 



BOARD OF GAME COMMISSIONERS. 

Dr. Charles B. Penrose, President, Philadelphia; John M. 
Phillips. Pittsburgh; W. B. Mr-Caleb, Hai'risburg: J. S. Speer, 
St. Marys; Geo. D. Gideon, Philadelphia; Dr. H. J. Donaldson, 
Williamsport ; Joseph Kalbfus, Harrisburg, Secretary. 

NOTICE. 

Commonwealth of Pennsylvania . 
Office of the Board of Game Commissions, 
Harrisburg, Pa., July 1st, 1915. 

The Game Commission of Pennsylvania wishes it to be fully 
and distinctly understood that they are trying to interpret and 
enforce the game law of this State according to their idea of 
its spirit and purpose, rather than its exact wording. For in- 
stance, the law says that no person shall have a game bird in 
possession except during a certain season, nor shall anyone have 
in possession at any time a bird of a kind known as "a wild- 
bird other than a game bird,'' excepting under the provisions 
of law. If upon investigation it develops that a bird of either of 
these kinds was taken into possession through a spirit of kindness 
and with the intent to benefit, or save the life of a suffering bird, 
we will construe this action to be in accord with what we under- 
stand to be in the purpose of the law. Namely, a step toward the 
preservation and protection of our birds, and one that should 
be commended rather than condemned. 

Again, while the letter of the law permits the Game Com- 
mission or its duly authorized officers to do certain things that 
it forbids the ordinary citizen to do, we construe this to be a 
provision intended to benefit the Commonwealth and not intended 
to benefit the officer, and will in no instance permit such officer 
to exercise a privilege of this kind for personal profit. We 
will not permit one of our officers to lead an innocent person 
into temptation for the purpose of collecting a penalty— either 
for his own use or for the use of this office. For instance, the 
law gives game protectors, for the purpose of securing evidence, 
the right to buy or sell certain game, that may not be bought or 
sold for any purpose by any other individual in the State, under 
a penalty of twenty-five dollars. A country boy may kill a pheas- 
ant, and a dollar to him may exceed several times over the value 
of the bird. We will not permit any of our officers to lead such a 
person into a violation of the law for the purpose of collecting a 



lii GAME, FISH AND FORESTRY LAWS. 

penalty. Neither will we, for the purpose of making a case, per- 
mit an officer to sell game to an unwary and entirely innocent in- 
dividual, who may be hunting. But where we are led to believe 
persons are wilfully and deliberately violating the law, either 
through the purchase or sale of game of a kind, the purchase or 
s>ale of which is forbidden, we feel that it devolves upon us to' 
break up such practice, and will do our best to secure the neces- 
sary evidence to attain that end. 

The game law of this Commonwealth provides that game killed 
in this Commonwealth may be had in possession at certain times 
only, and imposes a penalty for having such game in possession 
at any other time. We do not understand the intent of this law 
to arbitrarily mean that men may have game in possession only 
at a certain time, but, instead, was intended to safeguard the 
lives of game birds or animals, by making the possession of game 
out of season an evidence that the game in question was killed 
illegally. Therefore, where it is evident, that the deer or any 
other animal, or bird, was not killed, by the man having it in 
possession, or through his instrumentality, as for instance a deer 
killed by a railroad train, we can see no good reason why some 
human being may not be benefited through using the flesh of such 
animal, rather than to have it rot upon the ground or become the 
food of dogs or crows. 

Again, an act passed by the Legislature of 1909 says the un- 
naturalized foreign-born resident may not hunt, or shoot, in 
this Commonwealth and to that end, shall not be possessed of 
either shotgun or rifle. This last provision to our minds means a 
shotgun or rifle that can be used to shoot with, not some old 
and useless gun, or a part thereof, and we will not permit any 
officer under our appointment, to use this act for either a purpose 
of persecution or to secure dollars to his own profit. 

These illustrations cover the principle we have adopted as 
our guide. We are striving to preserve the game and wild birds 
of the State for the benefit of all the people of the State. Wild 
birds, because of the value^ of their life work ; game birds for the 
same reason; and in addition, the value to man of an outing in 
pursuit of such game and its value as a food supply. In con- 
formity with these ideas the Game Commission proposes to pro- 
secute and punish all violators of the game laws that may come 
to their notice. It will thankfully receive, and hereby earnestly 
invites, any information relative to violation of the game laws of 
the State. We ask that letters upon this subject be made as 
comprehensive as may be, giving, as far as possible, the name of 
the offender, the location, the nature of the offense, and the date 
upon which it was committed, with the names of witnesses and 
the postoffice addresses of the same, so that we may be able to 
investigate quickly, intelligently and with as little expense as 
possible. 



GAME, FISH AND FORESTRY LAWS. Ill 

This request includes misconduct upon the part of our officers 
as well as violations of the game laws. The name of any person 
jiving us information in this way will be held strictly confidential. 
We have many officers whom we have never met, and of whom, 
personally, we know nothing. They have come to us recommended 
by the friends of game protection in the several communities in 
which they may reside : we cannot hope to know of unfair or 
unjust treatment upon the part of these men, unless those who 
lo know of it, notify us, and we ask you to help us in this matter 
as well as any other feature of the work. We want the enforce- 
ment of the Game Law to be clean and just in all ways. 
Respectful! v yours. 

JOSEPH KALBFUS, 
Secretary of the Game Commission. 



112 GAME, FISH AND FORESTRY LAWS 



SUMMARY OF IMPORTANT PROVISIONS OF THE GAME 
LAWS OF PENNSYLVANIA. 



AH letters on the subject of game, song, or insectivorous birds, 
should be addressed to the Secretary of the Game Commission, 
at Harrisburg. 

A Game Protector is authorized to enter upon any land within 
the State, in the line of his duty, for the purpose of enforcing 
the law, but he has no right, as an individual, to hunt, or in 
any manner trespass, upon posted lands, contrary to the wish of 
the owner thereof. 

A Game Protcetor is authorized to act anywhere in the State. 

All Game Protectors, Deputy Game Protectors and Special 
Deputy Game Protectors of the Commonwealth of Pennsylvania . 
appointed by tho Board of Game Commissioners, Foresters, Forest 
Rangers, Fish Wardens, and Deouty Fish Wardens, also all mem- 
bers of the State Police authorized by act of May 2, 1905, are 
vested with like powers, and have the right to arrest without war- 
rant, or to search the person or property of any one they may 
catch in the act of violating any game law or the forestry laws 
or the fish laws of the Commonwealth, or whom they may catch 
in pursuit immediately following the act, or whom they have 
reasonable cause to suspect of having, within a limited time,, 
violated any of the game laws of the State. But they are not 
authorized to arrest or search without warrant, after the offender 
has once reached his place of residence, unless th<w were actual 
witnesses to the violation and as rapidly as possible followed the 
offender to that place. 

The act of May 29th, 1917, makes it the duty of these several 
officers to see to it that the laws of this State pertaining to For- 
estry, Fish and Game are enforced. Final penalty for neglecting 
or refusing to do as the law directs is removal from office. 

Constables of the several wards, boroughs, and townships of 
this Commonwealth are ex-officio game wardens, and have the 
same power throughout the county, wherein they are elected, as 
have the protectors oppointed by the Game Commission. 



GAME, FISH AND FORESTRY LAWS. 113 

Constables are liable to fine and imprisonment where they neg- 
lect or refuse to enforce the game laws, after their attention 
has been called to the matter, in a prescribed form. 

Section 5, Act of March 22, 1889, page 16. 

Any person or persons interfering with a Game Protector or a 
Forester or a Forest Ranger or a Fish Warden of this Common- 
wealth in the discharge of his duty, or resisting arrest, is liable 
to a penalty of one hundred dollars. 
Section 4, Act of May 21, 1901, page 19. 

A constable where he is the prosecutor is entitled to one-half 
of the penalty recovered, .\nd to ten dollars extra from the county, 
for each conviction secured for violation of the game, or forestry 
laws. Deputy Game Protectors are entitled to the same reward. 
Game Protectors and Special Deputy Game Protectors are not so 
entitled. 

Any citizen of the Commonwealth has the right to prosecute 
for violation of the game laws, and is entitled to one-half of all 
penalties recovered, except in the case of the Resident Hunters 
License Act, where all the penalty goes to the Commonwealth. 

Attention is called to the fact that the one who prosecules for 
violation of the game law is entitled to part of the penalty re- 
covered, not the one who is simply the informer. 

Where a person is caught in the act or is arrested for violating 
any law of this Commonwealth giving protection to game, soWg, 
or insectivorous birds, he is to be tried summarily. 

Section 34 of the Act of June 7th, 1917. Page 93. 

No unnaturalized, foreign-born resident ran legally own or have 
in possession of a rifle or shotgun, or firearm of any kind, or can 
hunt or shoot, within the Commonwealth. 

Act of May 8th, 1909, page 25. 

The constitutionality of this act has been sustained by both 
the Superior and Supreme Courts of the Commonwealth and by 
the Supreme Court of the United States, see citation, page 240. 

In all cases of conviction for violating any provision of the 
Act of June 7th, 1917, wherein the defendant suffers imprisonment 
instead of paying a cash penalty, all guns and shooting parapher- 
nalia used in violation of law are declared forfeited to the State. 

Section 2. Act of June 7th, 1917, page 68. 

A second conviction for violation of the game law compels im- 
prisonment of the offender regardless of the cash penalty. 
Section 2. Act of June 7th. 1917, page 68. 

8 



114 GAME, FISH AND FORESTRY LAWS. 

There shall be no hunting or shooting or chasing of game upon 
the first day of the week, commonly called Sunday. Penalty, 
$25 00 

Section 13 of the act of June 7th, 1917, page 78. 

When an arrest is made for violation of that provision of the 
game law prohibiting hunting on Sunday, the evidence and the 
record must show that game or wild birds were hunted for or 
killed; the kind of game or birds hunted, or killed, had best be 
named. It will not do to simply charge the defendant with 
hunting or shooting on Sunday. The game laws of this State were 
passed for the protection of game and wild birds and not to 
preserve the sanctity of the Sabbath, and the courts have held 
that before a defendant can be convicted of violating this provision, 
it must be proved that game or a bird of some kind protected by 
this act was hunted or killed on Sunday. 

It is therefore not a violation of the game law of this State 
to shoot on Sunday at targets, or at a mark, or at a crow, or a 
hawk, or a fox, or at any other thing, not protected by the game 
laws of this State. 

All magistrates, justices of the peace, and aldermen should 
follow the form prescribed in the act violated, and their record 
should show that this has been done. This will avoid trouble on 
certiorari . 

In receiving or drawing a complaint, for the violation of any 
of the provisions of the game laws or fish laws of this State, 
it would be well to follow strictly the wording of the section 
violated, and the record should show that this has been done. 

The Record should show: 

That an offense was committed. That said offense was com- 
mitted within the jurisdiction of the court hearing the case. 

That the prosecution was brought within the statutory time. 

That the complaint was sworn to. 

That a warrant was issued and the arrest made on said warrant 
which was duly returned. 

Or 

That the arrest was made on sight without warrant. 

The complaint made after the arrest of a person caught in 
the act of violating the law should state plainlv the facts connected 
with the arrest, and the provisions of law violated. 

That the defendant was present at the hearing. 

That the evidence as offered on both sides was heard under 
oath. 



r 
i 

r 



GAME, FISH AND FORESTRY LAWS. 115 



The record must show at least the substance of such evidence. 
That the defendant was because of such evidence either con- 
icted or acquitted. 

If convicted, that he was sentenced to pay the penalty imposed 
law before such person was committed to jail or was permitted 
appeal. 

That upon refusal to pay said penalty and costs he was com- 
mitted to the jail for a period of one day for each dollar of penalty 
and costs imposed. 

The killing of game except through the use of a gun is illegal, 
excepting that rabbits when known to be destroying property may 
be killed in any manner and rabbits under certain conditions may 
be taken in box traps. 

Section 16. Act of June 7th, 1917, page 81. 

The use of what is commonly known as the automatic gun for 
killing game in Pennsylvania is prohibited. This applies to all 
I kinds of automatic guns, rifles as well as shotguns. 

But does not apply to pump guns or lever guns, or to any gun 
except those that through the recoil produced by the discharge 
•f a loaded shell, ejects the empty shell, throws a loaded shell 
into the bnrrel and cooks the eun. 

Act of May 31st, 1907, page 24. 

I This act was pronounced unconstitutional by the Court of Dela- 
ware County. The case was carried to the Superior Court on 
appeal. On May 10, 190$. the Superior Court handed down its 
decision reversing the ruling below and confirming the consti- 
tutionality of this act. See citation among legal opinions, page 236. 

Under the provisions of the laws of this State it is unlawful 
I for any person at any time, or for any reason, to hold in captivity, 
j or to kill or to attempt to kill or wound, certain birds known as 

song and insectiverous birds and given protection under the name 

of "Wild birds other than game birds." 

It is unlawful to remove, or to attempt to remove, such bird 
either living or dead, or part of such bird, from this State without 
| first receiving written permission to so do from the President of 
the Board of Game Commissioners. 

It is unlawful to sell, or to attempt to sell, or to have in pos- 
session for sale, the skin or plumage, or any part thereof, of any 
wild bird, whether same is protected by our laws or not, that is 
either ©f a kind found in a wild state in Pennsylvania or that 



116 GAME, FISH AND FORESTRY LAWS. 

may belong to any family of birds found in a wild State in this 
Commonwealth . 
Section 12. Act of June 7th, 1917, page 77. 

A few birds whose lifework is considered more harmful than 
beneficial may be killed at any time, such birds being specifically 
named in Section 12, Act of June 7th, 1917, page 77. 

It is unlawful to buy or to sell or to attempt to buy or sell, an 
elk or doer or rabbit or squirrel or ring-neck pheasant or Hun- 
garian quail, or part thereof, that has been killed in a wild. State 
in Pennsylvania. 

It is therefore lawful to buy or sell either of these animals or 
birds that were killed outside of this State. 

It is unlawful to buy or sell, or to attempt to buy or sell, or 
to have in possession for sale, a wild turkey, or a ruffed grouse, 
or a quail, commonly known as Bob White, or a woodcock, killed 
either within or outside of this State ; and 

It is unlawful to sell in this State wild water-fowl of any kind 
that has been either killed or brought into this State during that 
period beginning with January 1st and ending September 1st of 
each year. 

Section 27. Act June 7th, 1917, page 88. 

Nothing in this section attempts to interfere with the one who 
may bring wild water fowl into this State at any time, for his 
own use, or for any purpose, excepting that of sale. 

Nothing in this section can be construed to alter or change the 
open season for wild water fowl. 

It is unlawful for any person to release game of any kind, either 
animals or birds, for propagating purposes in this State, without 
first having same inspected and passed by the Livestock Sanitary 
Board of Pennsylvania. 

Sections 10 and 27, Act June 7th, 1917, pages 76 and 88. 

It is unlawful to kill game of any kind, either animals or birds, 
except raccoons, during that period between sunset of one day and 
sunrise of the day following ; or to shoot game either by day or 
at night from an automobile. 

Section 16. Act of June 7th, 1917, page 81. 

It is illegal at any time to set, lay or prepare or use any 
kind of trap, snare, net, bird-lime, pit-fall, deer lick, turkey 
blind, turkey call, turkey pen, or any other kind of a eontrivanee 



GAME, FISH AND FORESTRY LAWS. 117 

whatever, with intent to capture or kill any of the wild birds or 
animals protected by the laws of this State. 
Or to use the device known as a silencer in hunting game. 

Except that decoys may be used in hunting geese, ducks and 
brant, that raccoons may be taken in any manner, and that box 
traps may be used by persons under 14 years in taking rabbits on 
lands whereon they reside. 

And that rabbits may be taken in any manner when found to be 
destroying property . 

Not to exceed 20 decoys may be legally used in hunting wild 
water fowl by one person at one time, or by any number of persons 
joined together. 

Section 17. Act of June 7th, 1917, page 83. 

The open season for deer in Pennsylvania is from the first day 
to the fifteenth day of December, of each year, both days in- 
clusive . 

But one deer can be legally taken or killed in this Commonwealth 
by one person during one season, which must in every instance 
be a male deer with horns extending at least two inches above the 
hair. 

Section 15. Act of June 7th, 1917, page 80. fc 

It is illegal to shoot at or kill or wound a female deer or a fawn 
at any time. 
Section 15. Act of June 7th, 1917, page 80. 

Excepting that deer of any kind regardless of age or sex may be 
killed by those owning or in control of property when such ani- 
mals are caught in the act of destroying growing crops or fruit 
trees . 

Section 22 of the Act of June 7th, 1917, page 85. 

And deer killed for this purpose may not be used for food by 
the person killing such animals, or by any other private individual, 
the Legislature clearly indicating its thought in thisresrard by 
argument and its recorded vote on the Rudisill bill ; this bill pro- 
viding specifically that deer killed as a protection to growing 
crops or trees might be used for food by the person killing same. 
This bill was defeated, recalled, and defeated a second time. Be- 
cause of these conditions we ask that the carcass of any deer killed 
as a protection to property be sent to some hospital or sanatorium 
or other public institution. 



118 GAME, FISH AND FORESTRY LAWS. 

Raccoons and rabbits may be destroyed in any manner when 
caught in the act of destroying property. 
Section 16. Act of June 7th, 1917, page 82. 

Rabbits may be taken by persons under 14 years of age through 
the use of box traps set on lands whereon such persons may re- 
side. 

Section 16. Act of June 7th, 1917, page 82. 

Steel traps not to exceed a Standard No. 3 may be used for 
catching wild cats, foxes, etc. 
Section 16. Act of June 7th, 1917, page 82. 

Quail may be trapped from the first day of December to the 
first day of April for the purpose of keeping them alive during the 
winter or for the purpose of separating a covey, and all birds so 
trapped must be released as soon as the weather is suitable in 
the spring. 

Section 30. Act of June 7th, 1917, page 90. 

Upland or grass plover can be legally killed from August 1st 
to November 30th, during this year, under State Law. 

Under National law upland plover may not be legally killed any- 
where in the United States for a period of 10 years after 1916. 

Under the provisions of our State law ducks and geese commonly 
called wild water fowl may be lesrally killed from September 15th to 
the 31st day of January next following. 

Section 14. Act of June 7th, 1917, page 79. 

Under the provisions of National law wild water fowl may be 
killed in Pennsylvania only from the 1st of October to the 15th of 
January, both days inclusive. 

Under the provisions of our State law reed birds may be killed 
from the first dav of September to the 30th day of November. 
Section 14. Act of June 7th, 1917, page 79. 

Under the provisions of a treaty with Canada reed birds cannot 
be killed legally anywhere or at any time, either in the United 
States or in Canada. 

Blackbirds may be taken as game from the first day of Sep- 
tember to the 30th day of November. 

Section 14. Act of June 7th, 1917, page 79. 

Under the provisions of the same section blackbirds may be 
killed at any time by certain individuals when destroying property, 
and by authority of the Game Commission at any time or place 
where these birds have become a nuisance. 



GAME, FISH AND FORESTRY LAWS. 119 

It is illegal to make use of what is known as buck-shot, in 
hunting deer, or to kill, or wound, or to attempt to kill or 
wound any deer by or through the use of a gun of any kind 
propelling or omitting more than one pellet, bullet, or ball, at 
a deer, through a single discharge. 

Section 24. Act of June 7th, 1917, page 86. 

It is illegal to kill or capture any deer in the waters of the 
State. 
Section 23. Act of June 7th, 1917, page 85. 

It is illegal to "make use of a dog or dogs in hunting deer" 
in this State. 
Section 23. Act of June 7th, 1917, page 85. 

Any dog following upon the track of deer or fawn within this 
Commonwealth is declared to be a public nuisance, and may be 
killed by any person when so seen. 

Or by any officer of the State whose duty it is to protect the game 
of the State, within two years, from the date of the commission of 
the offense. 

And the owner or person harboring such dog shall be liable to 
a penalty of twenty-five dollars for each deer or fawn pursued, 
and fifty dollars for each deer or fawn killed by such dog, running 
at large without the aid of its master. The owner of a dog that 
may chase elk is liable to a penalty of $50 for each elk pursued 
and $100 for each elk killed by such dog ; and double these amounts 
when dogs are allowed to run deer or elk after notice, the pen- 
alty to be collected as are other penalties under the provisions 
of this act. 

Section 25. Act of June 7th, 1917, page 86. 

By section 19 of the act of June 7th, 1917, page 84, elk in this 
State are given absolute protection until December 1st, 1921, after 
which time a male elk having not less than 4 points to an antler 
may be killed by still hunting. 

Dogs of any description may be killed by the owner or lessee 
of lands on which they are found, or by any officer of the State 
whose duty it is to protect the game of the State, when pursuing 
small game of any kind out of season, anywhere within the 
Commonwealth, unless the dog wears a collar bearing the name 
and address of the owner, in which case notice must be given 
before the dog is killed. 

In case the dog so running small game wears a collar bearing 
the name of the owner, notice in writing must be given before the 
dog can be legallv killed. 

Section 26. Act of June 7th, 1917, page 87. 



121 GAME, FISH AND FORESTRY LAWS. 

Special attention is called to the fact that under the provisions 
of the above section the owner or person harboring a clog who 
permits such do°r to chase small game contrary to law is liable to 
a penalty of $10 for each day his dog chases game after notice as 
therein provided for, and in addition to a penalty of $5 for each 
game bird or rabbit killed. 

Dogs, when accompanied by and under control of their masters, 
may be trained upon any of the living wild game or birds in this 
State, excepting elk and deer and fawn or wild-turkeys, from 
the first day of September to the first day of March next follow- 
ing, Sunday excepted, so long as no injury is inflicted upon said 
animals or birds. 

Seized guns and hunting paraphernalia will be sold unless fine 
and costs are paid, and the fact that imprisonment is suffered 
will not effect the release of these articles. 

Section 2. Act of June 7th, 1917, page 68. 

Costs cannot be imposed upon officers, whose duty it is to en- 
force the game laws. Said costs must be paid either by the de- 
fendant or bv the county. 

Act of April 16, 1903, page 21. See citation page 246. 

The possession of game or wild birds, except under the provision 
of law, is prima facie evidence that same was taken illegally. 
Sections 20 and 29. Act of June 7th, 1917, pages 84 and 90. 

.It is illegal to ship or remove, to attempt to ship or remove 
from this State, or to knowingly permit the shipment or removal 
out of this State of any game bird or game quadruped, except 
when it is to be returned to the State, except by those who have 
paid a non-resident license. 

Penalty not less than $10, or more than $200 and six months im- 
prisonment. 
Section 33. Act of June 7th, 1917, page 92. 

Non-residents who have paid the license can carry certain game 
out of the State under certain restrictions. 
Section 33. Act of June 7th, 1917, page 93. 

It is illegal to ship game of any kind at any time by parcel-post, 
or to ship or in any manner transport, game classed as small game 
from one point to another point in the State, except when same 
is accompanied by the owner thereof. 

Game classed as large game may be shipped by express or by 
freight under certain conditions. 

Section 32. Act of June 7th, 1917, page 91. 




game, fish and forestry laws. 121 

Common carriers and the operators of automobiles are forbidden 
under penalty to carry game of any kind out of the State, except- 
ing in cases where such game is owned by a non-resident hunter, 
who has legally killed same in this State, and in the case where 
game legally killed in this State must of necessity go out of the 
State to reach another part of the State. 

Section 33. Act of June 7th, 1917, page 92. 

The provisions of our game law regarding the shipment of game 
within the State do not apply to those parts of either animals or 
birds intended to be preserved as trophies. These may be shipped at 
any time and in any manner when properly marked showing the con- 
tents for mounting purposes, to taxidermists anywhere within 
the State, but they cannot be shipped or carried out of the State. 

Section 32. Act of June 7th, 1917, page 91. 

It is unlawful to kill or capture a bear between the 15th day 
of December and the 15th day of October, and but one bear can 
be killed by one person each season. 

Or to have in possession any bear or cub caught or taken dur- 
ing that time. 

Our law provides that it is unlawful to take or kill a bear 
through the use of a trap or a pen. 

But because of the disposition of bear to wander far and to 
destroy property, and because of the inherent fear in many that 
bear may injure them, the law also provides 

That any person may kill a bear that may be caught in the act 
of destroying property, or in a pursuit started within 48 hours 
after that certain bear has committed depredations on the property 
of the pursuing party ; and finally provides 

That any person may kill a bear at iny time wheu that animal 
is found on his property within one mile of his residence, whether 
the bear has committed depredations or not. 

Section 15. Act of June 7th, 1917, page 81. 

Under these conditions we maintain that the protection provided 
for bear as game does not apply under the other conditions, and 
ruled that as a protection to either person or property an individual 
may exercise the rights accorded by law to kill a bear in any way 
that may be necessary to insure desired results ; whether that 
be through the use of a trap, or a pen, or in any other way. 

It is illegal to use ferrets in hunting rabbits. 
Penalty, $25. 

Ferrets used in violation of law to be killed. 
Section 18. Act of June 7th, 1917, page 83. 



122 GAME, FISH AND FORESTRY LAWS. 

Ferrets can not be had in possession except under license secured 
from the Game Commission . 
, Section 5. Act of June 7th, 1917, page 70. 

It is illegal to sell ferrets as the agent of some person or firm 
located outside of this State. 
Section 5. Act of June 7th, 1917, page 70. 

It is illegal to hunt or pursue or follow after with intent to 
kill or injure web footed wild fowl (ducks, geese or brant), from 
or with any craft propelled by any means other than oars, pole, 
•or hand paddles . 

Penalty $50 per day for each day such illegal craft may be 
used, ■ and forfeiture of all boats, guns, and shooting paraphernalia 
used in violating the law. 

Section 17. Act of June 7th, 1917, page 82. 

] Under this provision it is a violation of the law to carry or 
convey a duck boat through the use of a motor boat into proximity 
of water fowl, and to then finish the pursuit and do the shooting 
from a boat propelled by paddle. 

It is illegal to hunt or kill for wages or hire, directly or in- 
directly, any deer, or fawn, ruffed grouse, commonly called 
pheasant, quail, commonly called Virginia partridge, wild-turkey 
or woodcock, or game of any description. 
■ Penalty $25. 

Section 31. Act of June 7th, 1917, page 90. 

Reaver are protected at all times. 
Penalty $100. 
- Act of March 17, 1903, page 20. 

Woodchucks or ground hosrs, possums, foxes, wild cat, mink, 
weasels, skunks, porcupine and muskrats, can be killed at any time. 

A close season for red squirrels has been added to Our law, not 
so much to protect red squirrels as to give additional protection 
to gray and black and fox squirrels, species that for years have 
been killed by individuals ostensibly hunting red squirrels. 

Section 14. Act of June 7th, 1917, page 78. 

It is not a violation of the Resident Hunters' License Act, t© 
hunt for or shoot at any unprotected animal or at any unpro- 
tected bird, or at targets, or at any other thing not protected by 
the Game laws of this State, without being first possessed of such 
license . 

This law requires only those who hunt for game animals, or 
game birds, to secure this Resident Hunters' License, and it per- 



mits 



GAME, FISH AND FORESTRY LAWS. 188 



mits the owner or lessee of lands within the Commonwealth wh« 
resides upon and cultivates such lands to hunt thereon without 
securing the license. It also permits such owner or lessee to hunt 
on lands immediately connected with his lands, if he has permissioa 
to go thereon from the one in control thereof. 

Nothing in this Act attempts to give the right to anyone to hunt 
on lands contrary to the wishes of the one who controls such lands 
and does not in any manner conflict with the trespass laws of the 
State. 

The Resident Hunters' License can be secured from nny County 
Treasurer, or from Justices of the Peace, who have arranged 
with the County Treasurer to issue these licenses for him. 

The cost is one dollar to the Treasurer and one dollar and fif- 
teen cents to the Justice, and the license is good only during the 
year the date of which it bears. 

Under the law a tag must accompany each license ; the tag must 
be worn on the back of the arm, when hunting. The license 
and tag must be numbered. See to it that the number on the 
license and tag issued to you are the same. 

The license must be carried when hunting and must be exposed 
to view upon demand of those in authority. 

Persons under the age of 14 years cannot secure a license and 
persons between the ages of 14 and 16 years can secure such license 
only upon the presentation of a written request for same, by the 
parent or guardian of the applicant. 

Citizens of this State only are permitted to hunt under the pro- 
visions of this license, and County Treasurers should see to it 
that unnaturalized residents of the State are not led to think they 
may hunt, because a license has been issued to them. In fact the 
County Treasurers should require foreign-born residents to present 
their naturalization papers before issuing a license to persons of 
foreign birth. 

All license fees and all penalties collected for violation of any 
provision of this act go direct from the person collecting the 
same to the State Treasury, to be there held as a fund separate 
and apart for the purpose of game protection and increase, and 
can be taken from such Treasury only by Act of Assembly. Every 
cent so taken must be accounted for by voucher to the Auditor 
General . 



124 GAME, FISH AND FORESTRY LAWS. 

One-half of all moneys collected through or because of this Act 
when needed must be applied to the payment of bounties, the re- 
mainder goes through Acts of the Legislature, to the Game Com- 
mission, to be used by them in manner as directed by the Legis- 
lature . 

Not one cent of the money collected under the provisions of this 
Act can be used except by Legislative enactment. 

All non-residents, such persons being citizens of the United 
States, must secure a Non-resident Hunters' License before hunt- 
ing or trapping in Pennsylvania and must wear the non-resident 
tag just as Resident Hunters are required to wear the Resident 
Hunters' tag. 

Fee $10. Penalty $25, and forfeiture of all gunning parapher- 
nalia found in possession of arrested parties. 
Act of May 3rd, 1917, page 60. 

The above Act requiring non-residents to secure a license before 
hunting or trapping for any bird or animal, either game or other- 
wise, in this Commonwealth, was passed to protect game and the 
interests of our citizens in general and especially the farmers of 
our border counties. It is just as necessary for a non-resident to 
secure such license before beginning to hunt or trap for wood- 
chucks, foxes, weasels, etc., as it is to hunt for game. 

Non-resident hunters having a license are permitted to carry 
out.of the State with them game, excepting elk, in quantity not 
exceeding in one season the quantity that such person may legally 
kill in one day. 

Section 33. Act of July 7th, 1917, page 93. 

Game of all kinds killed in a wild state in this State may be 
held in possession during the open season for such game and for 
30 days thereafter. 

Section 28. Act of June 7th, 1917, page 89. 

Remember, therefore, that when a deer or a number of deer are 
brought out of the woods on the last day of the season that they 
,must be consumed before the 15th day of January next following. 
This is the law. If hunters are not disposed to abide by its pro- 
visions thev need not kill the deer. If game of any kind is 
taken at all, it is taken under the provisions of the law and of 
all the law. If it is taken and held in possession after the lapse 
of thirty days after the close of the season the holder thereof must 
be prepared to abide by the consequences. 



GAME, FISH AND FORESTRY LAWS. 125 

Camps and hunting parties are limited to six male deer and 
three bear for one season. No difference how many men may camp 
or bunt together no more than this number may be taken by such 
body of men . If less than six men hunt together they are entitled 
to take one deer eaeh. 

Section 21. Act of June 7th, 1917, page 85. 

Each person in whose possession or under whose control a deer 
illegally killed or nny part thereof may be found is liable to the 
full penalty imposed bv law for th<* illesfal killing of deer. 

Section 20. Act of June 7th, 1917, page 84. 

Each person who knowingly uses game that has been illegally 
killed, or who knowingly aids or assists in the concealment of 
game illegally killed, or who knowingly has game illegally killed 
in possession with intent to use or conceal snme is liable to the 
full penaltv imposed bv law for tbo unlawful killing of such game. 

Section 15. Act of June 7th, 1917, page 80. 

Game Protectors are authorized to administer oaths in all 
matters pertaining to violations of the srnme law. 
Section 20. Act of June 7th, 1917, page 84. 

I Where persons refuse to be sworn or to answer questions the 
game in question is forfeited to the State. 
Section 20. Act of June 7th, 1917, page 85. 

It is unlawful either by standing on watch or otherwise to kill, 
( or to attempt to kill, a second d«<n* in anv one season. 
Section 15. Act of June 7th, 1917, page 80. 

The person who owns or harbors a dog that pursues a deer for 
the distance of one half mile is liable to the penalty imposed by 
law for using dogs to hunt deer. 

Section 23. Act of June 7th, 1917, page 85. 

Special attention is called to the Act requiring the owner of 
dogs to secure a license tag and providing for the killing of un- 
licensed dogs. Page 96. 

Elk and deer are fond of salt and are benefited by salt just as 
much as are cattle, and it is not a violation of the law of this 
State to place salt where deer may secure it. But it is a violation 
of law to create a deer lick with intent to attract deer so that 
they may be killed at the lick, or to kill deer at a lick no matter 
what the reason for its creation might be. 



126 GAME, FISH AND FORESTRY LAWS. 

Special attention is called to the fact that the laws of this State 
no longer permit the killing of birds other than game birds for so- 
called "scientific study," it being considered that eno"<rh life h°d 
been destroyed and enough written to cover all necessities in this 
direction for ages to come. Therefore no certificates will be issued 
to taxidemrists for this purpose, and the mounting of bird skins 
*or sale can not be permitted. 

All taxidermists must secure a license before beginning to operate 
m Pennsylvania and no license of this kind will be issued to 
hose who claim to have secured their knowledge of this work en- 
tirely through correspondence schools. 

Taxidermists have the right to receive and cure and mount the 
skins of birds and animals that have been legally killed in this 
State. They have no right to kill one bird or animnl through or 
because of their certificates. 

The Game Commission holds that the words "legally killed" 
means, not "illegally killed" so that it would not be an offense 
to mount the skin of a bird accidentally killed. 

Certificates to take birds, their nests and eggs for scientific 
study are limited to teachers of ornithology in public schools, and 
to men connected with public museums. 

Section 3. Act of June 7th, 1917, page 69. 

Persons desiring to raise game in preserves for either sale «r 
gift must secure a license and must make report to the Game Com- 
mission. . . 

Section 7. Act of June 7th, 1917, page 72. 

The act forbidding the unnaturalized foreign-born resident to 
hunt or shoot or to even be possessed of a gun, was passed by the 
Legislature and signed by the Governor on the 8th day of May, 
1909, and has been pronounced constitutional by the Superior 
Court, and Supreme Court of this State, and by the Supreme 
Court of the United States. 

See citation No. 46, page 240. 

The Superior Court has ruled that it was a violation of the Act 
»f May 8th. 1909. for an alien to run or manage a shooting gallery. 
See citation page 242. 

The Act of June 1st, 1915, forbidding aliens to be possessed of 
a dog was passed as a protection not only to our game but also a 
protection to our rattle and sheen and other livestock, and to ©ur 
people as well. Many of our alien residents raising dogs appear 
U think they can raise these animals in numbers and tur* th%m 



GAME, FISH AND FORESTRY LAWS. 127 

loose on the community to pick up their living. To make this act 
constitutional it was necessary to include all aliens in its pro- 
visions. 

See the Act of June 1st, 1915, page 56. 

The exact status of National Law relative to the killing, sale, 
etc., of migratory birds, and the regulations pertaining thereto, 
is so uncertain arid undetermined at this time that we find it im- 
possible to say one word regarding this mattor, other than what 
is said in the summary of Game Laws, page 128. 

Attention is called to the fact that this National law controls 
and limits State laws relating to migratory game birds in all 
cases where the State law conflicts with the National law, in a 
manner tending to lengthen the season as fixed by said National 
law, but it does not attempt to alter or in any manner change 
laws enacted by the State, that are within the time limit as fixed 
by said National law. 

In other words a State may shorten the time during which, as 
fixed by the National law, game may be killed, but no State has 
the power to lengthen that time. 



128 



GAME, FISH AND FORESTRY LAWS. 



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INDEX TO GAME IAWS 



Page. 

Acknowledgement of offense, right of 28, 38, 43-43T-59-63-95 

Action, time limitations 27-37-42-58-93 

Address, Game Conim ssion 109 

Advertisenn lit li.v Came Commission 41-66 

Affidavit 27-32-17-42-44-4.1-58-69-85 S6 03 

Affidavit, bounty, taken by Garme Protectors without fee 44-47 

Affidavit, lioniity. taken by Justices, Aldermen and Magistrates, 

claimant tr. pay fee, 44 45 

Aid in making arrests 19 

Alderman, 22-24-27-37-42-44-50-58-62-93-11)3 

Alderman, to take atlidavits i n claim for bounty 44 

Aldenn.in. not to mutilate skin in claim for bounty, 45 

Ale n-, unnaturalized, not to be possessed of shot guns, rifles or re- 
volvers 25 

Aliens, unnaturalized, not to own dogs 56 

Amendments, 1-1-25- 26-36 54 

Anatldiie. game birds, (See waterfowl) 67 

Animals I birds destructive nf game 69 

Annual statement from propagating plant 73 

Annual statement from Taxidermists 71 

Appa rutin*, forfeiture of 18-25-34-36-52-64-68 

Appea 1 . right of 22-43-51-62-94 

Application of tines and penalties 19-27-37-:!9-42-5 i-59-61-04 

Application for certificates to take birds 70 

Application for certificate to practice taxidermy 72 

Applieii 1 ion for certificate to operate propagating plant 72 

Application for license to breed, sell or have ferrets in possession 71 

Appointment ,,f (lame Commissioners 12 

Appointment of (lame Protectors 13 

Appointment <if Deputy (lame Protectors 20 

Appointment of Special Deputy Game Protectors 23 

Arrests 15-17-26-33-39-51-5«-63 

Arrests, aid in making 19 

Arrest, on Sunday 15-18-26-58 

Arrest, resisting or interfering with, 19-35 5162 

Arrest, wit bout warrant 17-26-33-39-51-58-63 

Artificial ligbts, prohibited, 82 

Auction 19-52-64 

Automatic guns 24 

Automobiles, game not to be killed from 81 

Auxiliary Game Preserves, public, establishment of 65 

(131) 



132 INDEX. 

B. 

Page. 

Ball or bullet in hunting deer, •. 86 

Barn swallow, protected, 77 

Barn owl, protected, 77 

Barred, owl, not protected, 78 

Bay or Canada lynx, commonly called wild-cat, bounty on 44 

Bear, game animal, 67 

Bear, open season for, 78 

Bear, number that may be killed by one person, 80 

Bear, number that may be legally killed by one camp or party, 85 

Bear, may be killed as protection to person or property 81 

Bear, may be killed by Game Commission when becoming nuisance, . . 81 

Bear, may be shipped when properly marked, except by Parcel Post,.. 91 

Bear, taking in steel traps, dead-falls, or pens, prohibited 81 

Beaver, protected at all times, 20 

Bee-bird, protected, 77 

Belgian or German hare, no license required to breed or sell. 89 

Birds, may be taken under certificate, 69 

Birds, nests and eggs protected 76 

Birds, not to be kept in cages, 77 

Birds, other than game, protected at all times, 77 

Birds, other than game, not protected, 77 

Bittern, protected 77 

Black-cap, protected, 77 

Black bird, game bird, 67 

Black bird, open season for, 79 

Black bird, may be killed as protection to property, 79. 

Black bird, may be killed under direction of Game Commission 79 

Black squirrel, game animal, (see squirrel) 67 

Bluebird, protected, 77 

Blue finch, protected, 77 

Blue heron, not protected, 78 

Blue jay, not protected, 77 

Boat, forfeiture of to Commonwealth, 34-36-52-64 

Boat, kind that may be used in hunting, 82 

Bobcat, or wild cat, bounty on. 44 

Bobolink, or reed-bird, may not be killed for ten years under treaty 

with Canada 128 

Bought or sold, certain game cannot be, 88 

Boundaries, to be marked, 39-49-66 

Bounty, affidavit for, to be taken by Game Protectors without fee, ... 44-47 
Bounty, affidavit for, to be taken by Justices, Aldermen and Magis- 
trates, claimant to pay fee, 45 

Bounty, on noxious animals 44 

Box traps, residents under 14 may take rabbits with on lands whereon 

they reside. 82 

Boys, between 14 and 16 to receive license to hunt by consent of parents, 30 

Boys, under 14. not to receive license to hunt, SO 

Boys, under 14 may take rabbits in box traps on lands whereon they 

reside 82 

Brant, game bird, (see waterfowl), 67 

Broad-winged hawk, not protected 78 

Buck deer, with horns at least two inches above hair, 78 

Buck shot, not to be used in killing deer, 86 

Bullet or ball in hunting deez, 86 

Bunting, protected. 77 

Buzzard, not protected, 78 



INDEX. 133 



Page. 

Cages, birds not to be confined in 77 

Canaries, right to keep in cages 77 

Cardinal, or red bird, protected 77 

Catbird, protected 77 

Cats, legal status of, 238 

Cedar bird, or wax-wing, protected. 77 

Certificate for taking birds, Ordinary 69 

Certificate for taking birds, Special 70 

Certificate for non-resident before hunting or trapping 60 

Certificate for resident before hunting for game, 29 

Certificate for propagating purposes, 72 

Certificate, forfeiture of 70 

Certificates, not transferable, 69 

Chasing game on Sunday forbidden 78 

Chat, protected 77 

Cherry bird, protected. 77 

Chewink, protected 77 

Chicadee, protected, 77 

Chipping sparrow, protected 77 

Claims for bounty, procedure to secure 44 

Close season defined 67 

Closing counties to hunting for certain birds and animals 40 

Closure of county by Governor 55 

Collars on dogs, i>7 

Commitment of offenders 18-22-26-28-35-43-48-51-55-56-59-62-68-95 

Common carriers, not to accept game for shipment out of State 92 

Common carriers, not to accept game for shipment unless properly 

marked 91 

Concealment of game illegally killed punishable by full penalty 80 

Confiscated game 15-18-19-34-52-63-85 

Confiscated paraphernalia, 18-34-52-63-68 

Constables, game wardens 15 

Constables, to kill dogs 87-102 

Convictions before Aldermen, Justices, or Court, ... .17-22-23-24-27-37- 9-42-48-50 

55-56-58-62-93-105 

Convictions, summary 22-24-27-37-42-50-58-62-93 

Coon, game animal, 67 

Coon, open season for 78 

Coon, may be taken in any manner, 82 

Coon, may be killed when destroying crops, 82 

Cooper's hawk, not protected 78 

Coots, game birds, 67 

Coots, open season for, State Law 79 

Coots, may be bought and sold 88 

Costs of suit, liability for, (also see citations page 246) 21 

County may be closed to hunting, 40 

County Treasurer to issue Non-Resident Hunters' Licenses, 60 

County Treasurer to issue Resident Hunters' Licenses, 30 

Court decisions 229 

Court of Quarter Sessions 16-22-28-51-59 

Cow bird, protected 77 

Craft, certain kinds forbidden in hunting, 82 

Creeper, protected, 77 

Crow, not protected, 78 

Cuckoo, protected. 77 

Curlew, game bird, 67 

Curlew, open season for, State Law, 79 

Curlew, not to be killed for ten years— under Treaty with Canada, — 129 

Cured or tanned skin may be had in possession if secured legally, — 78 



134 INDEX. 

D. 

Page. 

Deception of wild game forbidden 81 

Decisions, pertaining to game and fish 229 

Decoys, for wild water fowl, may be used, 83 

Decoys, may be forfeited 63 

DWuys, a .miner and distance, apart tliey must be placed 83 

Deer, game animal, 67 

Deer. buck witn horns two inches above hair, open season for, 78 

Deer. number that may be killed by one person 80 

Deer, number that may be legally killed by one camp or party hunting 

together 85 

Deer, attempt to kill or wound second by standing on watch or other- 
wise, prohibited 80 

Deer, does and fawns not to be shot at 80 

Deer, dogs chasing to be killed by any person 86 

Deer, killed in preserves properly lieensed, 79 

Deer, k.llin^ of permitted when acluully caught destroying crops, 85 

Deer, killed as protection to property must be sent to hospital or charit- 
able institution 117 

Deer, killing of at lick prohibited 81 

Deer, may !ie killed by Game Co in mis.-, ton when becoming nuisance, 81 

Doer, not to be bought or sold if killed m wild state, 88 

Deer, not to be killed with «nn discharging more than one ball 86 

Deer, not to be killed in water, 85 

Deer, shipment l«.\ Par. -el l'->st absolutely prohibited, 91 

Deer, shipui. ut of within Slate permitted when properly marked,- 91' 

Deer, shipment out of State prohihi ted 92 

Deer, shipment out of State, exception 92-93 

Deer, time same may be held after close of season 89 

Deer, use of deceptions in taknifl prohibited 81 

Deer, use of dogs in hunting forbidden 85 

Defendants may acknowledge offense and pay penalty 28-38-4 ,-51-59-63-95 

Deputy (Janie Protectors, appointment of 20 

Deputy, Xp-eiat. appointment and rights of 23 

Designation of seasons 67 

Destruction of birds' nests prohibited 76 

Destriu tive an. mils may be killed, 69 

Disposition of bouts, guns, etc.. when seized 18-25-26:14-36-52-57-64-68 

Disposition of game when seized 15-li>-li)-3 i-5_:-6 : >-85 

Disposition of pen.-, I ties 19-27-37-39-12-53-59-64-94 

Does and fawns, not to be shot at 80 

Dou's. found running deer or elk may be killed by any person 86 

Doj;s, found running small game, may be killed by certain persons and 

owners prosecuted, 87 

Dogs, in woods during deer season, prohibited, 85 

Do«s, legal status of 96-237 

Dogs, may lie killed upon affidavit made within two years, 86 

Dogs, not to be possessed by unnaturalized foreign-born residents, 56 

Dogs, not to be used in hunting deer 85 

Dogs, owmrs or persons harboring to secure license for, 96 

Dogs, owners or persons harboring, liable to penalty, 86-87-96 

Dogs, public nuisance S6-87 

Dogs, time for training, 88 

Domestic pets, wild birds not to be kept in confinement, 77 

Double liability, wnen dogs chase deer or elk after notice 87 

Doves, protected, 77 

Downy woodpecker, protected, 77 

Duck, wood, absolutely protected by National regulation, 129 

Ducks, wild, game birds, (see waterfowl) 67 



INDEX. 135 

Page. 

Duck hnwk, not protected ' 78 

Duplicate tags, milt i lilt ion or second use of, prohibited 75-76 

Dupli.ate tin:*, to l>e returned to Game Commission 75 

Dut.v of Aldermen. Magistra tes jind Justices of the Peace,' ..22-24-27-:'.7-42-44-50 

58-62-93-103 

Dut.v of Assessors 101 

Duty of ( - (»n> tallies 15-39-101 

Duty of Court of (Quarter Sessions 17 

Duty uf Foresters, Forest Hangers. Game Protectors and Fish Wardens, 54 

Duty of (Jam.- Commission 13 

Duty of Game Protectors 14 

E. 

Eagle, protected 77 

EdiKation.il purposes, animals and birds maintained for 69 

Eggs, and nsts of wild birds, not to be disturbed, 76 

Egret, absolutely protected 77 

Egret plumes, not to be sold in ibis Commonwealth, 77 

Elk. game animal, 67 

Elk k.lliug prior to 1021 prohibited 84 

Elk. may lie killed by Game Commission when becoming nuisance 81 

Elk, may be taken by still hunting only after 1921 84 

Engl sh sparrow, not pi elected, 77 

English pheasant, tnot ruffe. 1 grouse), game bird, (see pheasant) 67 

Evidenee. prima facie 26 .2-57-61-91 

Evidence to lie heard by Aldermen. Magistrates and Justices of the 

I'ea.e 22-24-27-.7-42-50-58-C2-93 

Expenses of Game Protector 19 

E.\p< uses of Sp.-eial Deputy, neither state nor County liable for, . .' 24 

Express company,' not to accept large game for shipment unless prop- 
erly marked and accompanied by owner 91 

Express company, not to accept small game for shipment unless prop-- 

erly marked 91 

Express com pa uy. not to carry game out of State, 92 

Express company, not to carry game out of State, exception, 92-93 



Fawns and does, not to be shot at 80 

Ferret, in hunting, use of prohibited, 83 

Ferret, license to own, have in possession, breed or sell 70 

Ferret, to be killed 83 

Fees for oertittca tes, 70-71-72-73 

Fee for bounty affidavit taken by Justice, Alderman or Magistrate, to 

be paid by claimant, 45 

Fines, disposition of 19-27-37-42-53-59-64-94 

Finch, protected 77 

Firearms, unnaturalized foreign-born residents forbidden to possess, 25 

Firearms, use of prohibited in certain places 38-50 

First offense, punishment 35-:,9-67 

Flicker, protected 77 

Fly-en tidier, protected 77 

Foreign-born residents, unnaturalized, cannot hunt or be possessed of 

JillOlgOUa, rides Ui pistols 25 

Foreign imrn residents, unnaturalized, cannot be possessed of dogs 56 

Forfeiture of boats, etc 18-34-52-63-68 

Forfeiture of certificate 70 

Forfeiture of dogs in possession of aliens 57 

Forfeiture of game and shooting paraphernalia .15-18-19-34-52-63-68-85 



136 INDEX. 

Page. 

Forfeiture of guns by unnaturalized foreign-born residents, 25 

Fowl, wild water, game birds, (see water fowl), 67 

Fox not to be brought into this State or reared in captivity and re- 
leased , 76 

Fox, red and grey, bounty on, 44 

Fox squirrel, game animal, (see squirrel) 67 

G. 

Gallinules, game birds 67 

Game, acceptance of from paid guide prohibited 90 

Game, classification of 67 

Game, commerce in, 88 

Game Commission, appointment of 12 

Game Commission, Secretary of. 14 

Game Commission, duties of, 13 

Game Commission, meetings of, 13 

Game Commission, game laws not to apply to when acting for State, 69 

Game Commission, right to destroy vermin 69 

Game, concealment of when illegally killed, prohibited, 80 

Game, disposition of, when seized, 15-18-19-34-52-63-85 

Game, forfeiture of, 15-18-19-34-52-63-85 

Game, hunting of for wages and hire, prohibited 90 

Game, importation of alive without inspection, prohibited, 76 

Game, in transit, 92 

Game, large, may be shipped within the State when properly marked, 

without accompanying same, 91 

Game, limit of number to be taken 80 

Game, non-residents with license may carry out of State 93 

Game, not to be taken between sunset and sunrise 81 

Game, not to be taken between sunset and sunrise, exception, • 82 

Game, open season for, 78 

Game, ownership and control of, 229 

Game, possession of during close season 78-82-89-90 

Game preserves, Auxiliary, controlled by State, public, 65 

Game preserves, owned by private individuals 72 

Game preserves, public, on leased lands, 49 

Game preserves, public, on lands owned by State, 49 

Game Protectors, appointment of 13 

Game, Protectors, Deputy, appointment of, 20 

Game Protectors, Special Deputy, appointment of, 23 

Game Protectors, powers of, 14-17 

Game Protectors, surrender of all penalties collected to Commonwealth, 19 

Game Protectors, tenure of office 14 

Game Protectors, to take affidavit in claims for bounties without fee, 45-47 

Game, purchase and sale of certain kinds prohibited 88 

Game, removal out of the State prohibited, 92 

Game, removal out of the State permitted under certain conditions. 92-93 

Game, right of the State to control, 229 

Game, small, not to be accepted by common carrier or express com- 
pany for shipment unless property marked and accompanied by owner, 91 

Game, shipment of by Parcel Post absolutely prohibited 91 

Game, tagging of, killed in private preserves, 74-79 

Game, tagging of, killed in wild state when shipped, 91-92-93 

Game, time same may be held in possession, 78-82-89-90 

Game, to be taken only through use of gun, 81 

Gender defined 29-67 

Gnat-catcher, protected 27 

Goose, wild, game bird, (see water fowl) , 67 

Goshawk, not protected, 78 



INDEX. 137 

Page. 

Governor authorized to close counties to hunting, etc 55 

Grackle or blackbird, game bird, (see blackbird), 67 

Grass snipe or upland plover, game bird, (see plover), 67 

Great Blue Heron, not protected, 78 

Great Grey Owl, not protected 78 

Great Horned Owl, not protected, 78 

Grebe, game bird, (see waterfowl) 67 

Green Heron, not protected 78 

Grey squirrel, game animal, (see squirrel) 67 

Grosbeak, or red bird, protected, 77 

Grouse, ruffed game bird 67 

Grouse, open season for, 78 

Grouse, number that may be killed, 80 

Grouse, not to be accepted by employer of guide 90 

Grouse, not to be bought or sold 88 

Grouse, not to be killed except through the use of a gun 81 

Grouse, not to be killed for wages or hire, 90 

Grouse, not to be killed from sunset to sunrise 81 

Grouse, not to be removed out of the State, 92 

Grouse, not to be removed out of the State, exception. 92-93 

Gull, protected, 77 

Gun, automatic, prohibited in hunting game, 24 

Gun, disposition of when seized, 18-25-26-34-36-52-57-64-68 

Gun, forfeiture of, 18^25-24-53-63-68 

Gun, propelling more than one bullet, pellet or ball 86 

Gun, use of in taking game, 81 

H. 

Hair-bird, protected , 77 

Hare, Belgian or German, may be bred, sold or shipped without li- 
cense 89 

Hare, wild, game animal .'.. 67 

Hare, open season for 78 

Hare, number that may be killed 80 

Hare, may not be bought or sold if killed in wild state in this Com- 
monwealth, 88 

Hare, not to be hunted with ferrets 83 

Hare, not to be taken except through the use of a gun 81 

Hawks, wild birds other than game birds, protected, 77 

Hawks, certain species may be killed at any time 78 

Hawk owl, not protected, 78 

Hearings 22-24-^7-37-42-50-58-62-93 

Hens, mud, or coot, game birds, (see coot), 67 

Herons, blue, green and night, not protected 78 

Heron, white or snowy egret, absolutely protected 77 

High Holder, or Flicker, protected, 77 

Hire, no hunting for, 90 

Horned Owl, not protected, 78 

Horns, on deer, length of 78 

Hospital, game to be sent to 15-18-19 r 34-52-63-85 

Hospital, use of firearms on grounds of, prohibited, 39 

Humming bird, protected, 77 

Hungarian quail, game bird 67 

Hungarian quail, open season for 78 

Hungarian quail, number that may be killed 80 

Hungarian quail killed in wild state in this Commonwealth not to be 

bought or sold 88 

Hunters' License, Non-Resident, 60 



138 INDEX. 






Page. 

Hunters' License, Resident, 29 

Hunting by non-residents without license prohibited 60 

Hunting by residents without license prohibited, 29 

Hunting by residents without license, when permitted, 31 

Hunting by unnaturalized foreign-born residents prohibited, 25-56 

Hunting, certain method only permitted. 81 

Hunting, certain method, exceptions, 82 

Hunting deer with dogs prohibited 85 

Hunting for game birds or animals from sunset to sunrise, prohibited, 81 

Hunting for game from sunset to sunrise, exception, 82 

Hunting from automobiles or blinds prohibited, 81 

Hunting or chasing game on Sunday, prohibited, 78 

Hunting paraphernalia, forfeited 18-34-52-63-6S 

Hunting, seasons for 78 

Hunting with automatic gun prohibited, 24 

I. 

Importation of certain birds and animals prohibited 76 

Importation of live game birds and animals without inspection pro- 
hibited, 7ft 

Imprisonment, for failure to pay penalty, ..18-22-26-28-33-43-4S-51-55-5G-59-62-6S-95 

Imprisonment, for second offense, 35-68 

Index to Resident Hunters' Licenses issued, 33 

Indigo bird, protected, 77 

Insectivorous birds, wild birds other than game birds, protected 77 

Inspection of live game birds or animals, 76 

Inspection of propagating plant 74 

Interfering with birds' nests prohibited, 76 

Interfering with officers 19-35-51-62 

J. 

Jack snipe, game bird, (see snipe), 67 

Jay bird, not protected 77 

Joint Resolution directing the publication of this pamphlet, 3 

Judge of the Court of Quarter Sessions 17-51 

Jnnco, protected 77 

Justice of the Peace, Alderman and Magistrate, 22-24-27-37-42-44-50-5S -62-93-103 
Justices of the Peace, Aldermen and Magistrates to take affidavits in 

Claims for bounties, 44 

Justices of the Peace, Aldermen and Magistrates not to multilate skins 

in claims for bounties, 45 

Jurisdiction of Constables 16 

Jurisdiction of Game Protectors 14-17-18-19 

K. 

Killed, dogs found running deer to be 86 

Killed, dogs found running small game to be 87 

Killing deer except male with horns two inches above hair, prohibited, 78 

Killing deer in the water prohibited 85 

Killing game except with gun prohibited, 81 

Killing game with gira only, exceptions 82 

Kill-deer plover, game bird, protected for ten years under Treaty with 

Canada, (see plover), 128 

Kingbird, protected 77 

Kingfisher, not protected, 78 

Kinglet, protected, 77 



INDEX. 139 

L. 

Page. 
Land owners or lessees who reside upon and cultivate, may hunt with- 
out license 31 

Large game, may be shipped by express or freight when properly 

marker] 91 

Lark, meadow, protected 77 

Lark, horned, protected 77 

Launches, power, prohibited in hunting waterfowl. 82 

Law. decision of Courts 229 

Letter of transmittal 5 

Liability of men who take dogs into the woods 85 

Liability of owners of does that run deer or elk 86 

Liability of owners of dogs that cliase and destroy small game 87 

License, flog, must be secured by owner or person harboring, 97 

License tag. must be displayed while hunting 30-61 

License to non-residents to hunt, issued by County Treasurer 60 

License to own or breed or sell, or have ferrets in possession, 70 

License to practice Taxidermy. 71 

License to propa crate game for sale 72 

License to resj dents to hunt, issued by County Treasurer 30 

License to take birds 69 

Lick, deer, prohibited in killing deer, 81 

Limicolae. game birds 67 

Limitation in which to prosecute 27-37-42-58-93 

Limitation of time when game may be had in possession 89 

Linnet, protected, 77 

Loon, game bird, (see waterfowl), 67 

M. 

Magistrate, duties of. 22-24-27-37-49-44-50-58-62-93-103 

Magistrates. Aldermen and Justices of the Peace to issue affidavits in 

claims for bounties 44 

Magistrates. Aldermen and Justices, not too mutilate skins in claims 

for bounties 45 

Marking game for shipment, from propagating plant 74 

Marking game for shipment out of State by non-resident licensees, 93 

Mark'ng game for shipment to taxidermists 92 

Marking game for shipment, large, accompanying not required, 91 

Marking game for shipment, small, to be accompanied at all tunes, 91 

Marsh hawk, not protected, 78 

Martin, protected 77 

Meadow Lark, protected 77 

Meeting of Came Commission 13 

Migratory game birds protected by National Regulations, 129 

Mink, bounty on 44 

Misdemeanor 28-48-59-106 

Mocking h'rd, protected 77 

Mongolian pheasant, game bird, (see pheasant) 67 

Mounted or cured skins, 78 

Mud bens, (see coot). 67 

Mutilation o'- removal of tags 75 

Mutilation of skins in claims for bounties by Justices, Aldermen and 

Magistrates, prohibited 45 

N. 



Names on dogs' collars 

Nests and eggs of wild birds not to be interfered with. 



140 INDEX. 

Page. 

Netting of game prohibited 81 

Night hawk, protected 77 

Night heron, not protected 78 

Nighttime, hunting of game birds and animals prohibited, 81 

Nighttime, taking of game animals, exceptions, 82 

Non-protected wild birds, 77 

Non-residents holding license can carry certain game properly marked 

out of State. 93 

Non-residents must secure license and tag before hunting or trapping, 60 

Notice, trespass, 21-23 

Notice to owner of dogs running small game, 87 

Notice to owner of dogs running deer or elk, 86 

Number of game birds and animals that may be legally killed, 80 

Nut hatch, protected, 77 

0. 

Oath, may be administered by officer investigating violations, 84 

Oath, to be taken by salaried Game Protectors in claims for bounty 

without cost \ 47 

Oath, to overcome effect of prime facie evidence, 32 

Oath, when taken by Justices, Aldermen and Magistrates in claims for 

bounties, cost of, 44 

Office of the Game Commission 13 

Offense, first, 35-39-67 

Offense, second 35-39-68 

Officers, empowered to enforce Game, Fish and Forestry Laws, 54 

Officers, interference with, 19-35-51-62 

Officers, refusing or neglecting to do their duty, 17-55 

Officers, resisting arrest by, 19-35-51-62 

Open season for game defined, 67 

Open seasons for game, State Law, (See summary page 128), 78 

Open seasons for game, National Law, 128 

Ordinary certificates, for taking birds 69 

Oriole, protected 77 

Osprey, protected, 77 

Owls, wild birds other than game birds, protected, 77 

Owls, certain species may be killed. 78 

Owners or persons harboring dogs, liability for 86-87-96 

Owners of persons harboring dogs, must secure license for from County 

Treasurer and attach tag to collar 97 

P. 

Paraphernalia, forfeiture of 18-34-52-63-68 

Partridge or quail, game bird, 67 

Partridge or quail, open season for, 78 

Partridge or quail, number that may be legally killed, 80 

Partridge or quail, not to be bought or sold, 88 

Partridge or quail, not to be killed except with a gun, 81 

Partridge or quail, not to be killed from sunset to sunrise 81 

Partridge or quail, not to be killed for wages or hire, 90 

Partridge or quail, not to be removed from the State 92 

Partridge or quail, time same may be held in possession 89 

Partridge or quail, time same may be trapped for special purposes 90 

Parts of game cannot be shipped by Parcel Post, 91 

Parts of game may be shipped to Taxidermists for mounting when 

properly marked, 91 






INDEX. 141 

Page. 
Parts of large game, may be shipped by express or freight when prop- 
erly tagged without accompanying 91 

Parts of small game, cannot be shipped unless properly tagged and ac- 
companied by owner 91 

Pellet, bullet or ball, but one at single discharge at deer, 86 

Pelts, of certain animals 41-78 

Peas and traps for catching bear, prohibited, 81 

Penalties, disposition of, 19-21-37-89-42-53,-59-64-94 

Penalties, not to apply to 69 

Penalties, right of defendant to pay, 28-38-43-51-59-63-95 

Person, the word defined 29-67 

Petition to close counties to the hunting of game 40 

Petition to establish Auxiliary Game Preserve 65 

Pewee , protected , 77 

Pheasant, commonly called, properly known as ruffed grouse, game 

bird, (see grouse), 67 

Pheasant, ring-neck, (English, Mongolian or Chinese), game birds 67 

Pheasant, ring-neck, open season for, 78 

Pheasant, ring-neck, number that may be killed. 80 

Pheasant, ring-neck, killed in a wild state in this Commonwealth not 

to be bought or sold, 88 

Pheasant, ring-neck, killing of in captivity 79 

Pheasant, ring-neck, not to be killed except through the use of a gun, 81 

Pheasant, riug-neck, not to be killed for wages or hire, 90 

Pheasant, ring-neck, not to be killed from sunset to sunrise, SI 

Pheasant, ring-neck, time same may be trapped for special purposes, 90 

Phoebe, protected 77 

Pigeon Hawk, not protected, 7S 

Pileated woodpecker, protected, 77 

Pine squirrel, game animal, (see squirrel), 67 

Pistols cr any other firearms, unnaturalized foreign-born residents, for- 
bidden to possess 25 

Pit- fall, use of forbidden, 81 

Tlover, game birds, 67 

Plover, open season for, State Law 78 

Plover, upland or grass and kill-deer, protected for ten years, Nat onal 

Law, 128 

Plover, may be bought and sold 89" 

Plumage of wild birds, sale of prohibited 77 

Possession of game at certain times prima facie evidence, 2G-:'2-r,7-61-91 

Possession of game at certain times unlawful 7^-82-89-90 

Possession of game during open season and for thirty days thereafter, 

lawful 89 

Posted lands, trespassing on 21-23 

Preserves for game, Auxiliary, controlled by the State. 65 

Preserves for game, leased by the State, 49 

Preserves for game, owned by the State, 49 

President of Game Commission, permission of, at certain times 71 

Prima facie evidence 26-32-57-61-91 

Procedure at trials, 22-24-27-37-42-50-5S-62-93 

Propagation of game certificate for 72 

Property seized, disposition of, 18-25-26-34-36-52-57-64-68 

Prosecutors, rights of 27-42-51-58-63-94 

Protection to trees and growing crops, certain animals may be killed, 82-85 

Protectors, Game, 13-20-23 

Provisions of Act not to apply 69 

Public institutions in which living birds may be kept, 69 

Public nuisance, when dogs become 86-87 



142 INDEX. 

Page. 

Public parks, use of firearms prohibited 38 

Pursuit immediately following act of violating the law, 17-26-33-39-51-58-63 

Pursuit of bear during close season, when legal, 81 

Pygopodes, game birds 67 

Q. 

•Quail, or Virginia Partridge, game bird, (see partridge). 67 

■Quail Hungarian, game bird, (see Hungarian quail), ...: 67 

R. 

Rabbit, game animal, 67 

Rabbit, open season for, 78 

Rabbit number that may be killed, 80 

Rabbit, killed in a wild state in this Commonwealth, cannot be bought 

or sold, 88 

Rabbit, may be taken in box traps by residents under 14 on lands 

whereon they reside, 82 

Rabbit, may be killed as protection to trees, etc 82 

Rabbit, not to be hunted with ferrets 83 

Rabbit, not to be taken except through use of gun, except by resi- 
dents under 14 on lands whereon they reside, 82 

Rabbit, not lobe hunted from sunset to sunrise, 81 

Raccoon, game animal, 67 

Raccoon, open season for, '. 78 

Raccoon, may be bought or sold 82-89 

Raccoon, may be killed as protection to growing crops 82 

Raccoon, may betaken in any manner, either day or night, 82 

Railroads not to carry game out of the State 92 

Railroads not to carry game out of State, exceptions. 92-93 

Railroads, not to accept large game for shipment unless properly 

marked, 91 

Railroads, not to accept small game for shipment unless properly 

marked and accompanied by owner 91 

Rallidae, game birds 67 

Rail, game bird, ..'.: 67 

Rail, open season for, State Law, 79 

Rail, open season for, National Law 128 

Rail, may be bought and sold, 89 

Raven, not protected 78 

Receipt from Game Protectors 28-38-43-51-59-63-95 

Record costs, liability for, (Also see citations Page 246) 21 

Records of Aldermen and Justices, 114 

Red-bird, protected 77 

Red-headed woodpecker, protected, 77 

Red-shouldered hawk, not protected 78 

Rod sauirrel, game animal, (see squirrel) 67 

Redstart, protected 77 

Red-tailed hawk, not protected, 78 

Red-winged blackbird, game bird, (see blackbird) 67 

Reed bird, game bird 67 

Reed bird, open season for, State Law, 79 

Reed bird, may not be killed at any time if the enabling act to put 

in force the treaty with Canada is passed 128 

Reed bird, may be bought or sold under State Law 89 

Removal of game out of State prohibited, 92 

Removal of game out of State prohibited, exceptions. " 92-93 

Report of Game Commission to Governor, 13 



INDEX. 143 

Page. 

Reservation. Game Preserves, Auxiliary, controlled by State 65 

Reservation. Game Preserves, on leased lands 49 

Reservation. (J.uue Preserves, on State lands 49 

Resident Hunter's License, residents who are citizens to secure 29 

Resident Hunter's License, l o.vs under 14 cannot secure 30 

Resident Hunter's License, hoys between 14 and 16 may secure by 

consent of parent or guardian, 30 

Resident Hunter's License, to be issued by County Treasurer, 30 

Resident Hunter's License, when owners and lessees may hunt with- 
out securing 31 

Resisting arrest 19-35-51-62 

Right of defendant to pay penalty in settlement of charges ..28-38-43-51-59-63-95 

Right of State to protect game and wild birds 229 

Ring-neck pheasant, game bird, (see pheasant) 67 

River ducks, game birds, (see waterfowl) 67 

Robin, protected, 77 

Rough-legged hawk, not protected. 78 

Ruffed grouse, game bird, (see grouse), 67 



Sale of all wild birds other than game birds prohibited 77 

Sale of certain game prohibited, 88 

Sale of guns and paraphernalia, seized, 18-34-52-63-68 

Salad bird or yellow bird, protected 77 

Sanatorium, use of firearms on grounds of, prohibited, 38 

Sandpipers, game birds 67 

Sandpipers, open season for, State Law 79 

Sandpipers, protected for ten years under National Law, 128 

Sap-sucker, protected 77 

Scarlet tanager, protected 77 

Screech owl. protected 77 

Sea ducks, game birds, (see waterfowl) 67 

Search wa rra n t 14-16-18-27 

.Search, without warrant 18 

Seasons, open 78-79 

Second deer, attempt to kill, prohibited, 80 

Second offense, punishment 35-39-68 

Second use of shipping tags, prohibited, 76 

Seizure of game, paraphernalia, dogs, etc., right of 18-34-52-63-68 

Sentence by Alderman, or Justices, or Court, 17-22-23-24-27-37-39-42-48-50-55-56 

58-62-93-106 

Sharp-shinned hawk, not protected, 78 

Shipment of game out of the State prohibited, 92 

Shipment of game out of State, exceptions 92-93 

Shipment of large game properly marked, permitted 92-93 

Shipment of small game unless properly marked and accompanied by 

owner, prohibited 92 

Shipment of wild birds other than game birds, prohibited 77 

Shooting at does and fawns prohibited, 80 

Shooting from sunset to sunrise, except at raccoons, prohibited, 81 

Shooting or chasing of game on Sunday prohibited, 78 

Shooting pa rapherna 11a , forfeited 18-34-52-63-68 

Shore birds, game birds 67 

Shore birds, open season for. State Law 78 

Shore birds, (except Black-breasted and Golden Plover, Snipe. Wood- 
cock and Yellowlegs) absolutely protected for ten years under Na- 
tional Law 129 

Shrike, protected 77 



Silencer, not to be used in taking game, 

Singular and plural number denned, , ..[ ' 

Skins in claims for bounty to be split by Game Protectors, .......... 

Skins in claims for bounty not to be mutilated by Justices, Aldermen 
and Magistrates, 

Skins, tanned and cured, may be retained 

Snaring birds or animals, prohibited, ...... 

Snipe, Jack or Wilson, game birds. ...............]. 

Snipe, open season for, State Law," . . . .......... 

Snipe, open season for, National Law 

Snipe, may be bought and sold, ..[.......[.....[. 

Snow-bird, or junco, protected, 

Snow-flake, protected, 

Snowy owl, not protected. 

Sold or bought, certain game cannot be, 

Sold or bought, certain game may be, . ' 

Songbirds, all wild birds other than game birds, protected, '. 

Sparrows of all kinds, excepting English sparrows, protected .... 

Sparrow, English, not protected and may be killed at any time 

Special certificate to take birds, 

Special Deputy Game Protectors, appointment etc 

Special notice, dogs chasing deer or elk ' 

Special notice, dogs chasing small game during close seasoa 

Squirrel, black, fox, grey or red, game animals, 

Squirrel, black, fox, grey or red, open season for, .',.. 

Squirrel, black, fox or grey, number that may be killed, 

Squirrel, black, fox or grey, killed in a wild State in this Common- 
wealth may not be bought or sold 

Starling, European, not protected 

Status of game, .......'. 

Streams, deer not to be killed in 

Summary convictions, '.'22-24-27-37-42-50- 

Summary of important provisions of game laws 

Summary of seasons, bag limits, etc., .' .... 

Sunday, arrests may be made on, 7.15- 

Sunday, there shall be no hunting for, shooting at, or chasing of 
game on 

Sunrise, shooting at game, except raccoons, before, prohibited, ...... 

Sunset, shooting at game, except raccoons, after, prohibited 

Swallow, protected 

Swan, game bird, (see waterfowl) .[.......[.[............ 

Swan, absolutely protected for ten years under National Law, 

Swift, chimney swallow, protected, 



'age. 

81 

29-67 
45 

45 
79 
81 
67 
79 
129 
89 
77 
77 
78 



77 
229 

85 

58-62-93 

112-128 

128 

18-26-58 

7S 



129 
67 



T. 

Table of game, time for taking, etc., 128 

Tag, license, both Resident and Non-Resident Hunters', must be 

worn properly displayed while hunting, 30-61 

Tag, license on dogs 97 

Tag, must be attached to game shipped from licensed preserves 74 

Tag, not to be mutilated, 75 

Tag, not to be used for second shipment, 76 

Tag, to be attached to game when shipped under certain conditions, . .74-92-93 

Taking of game, in any manner except through use of gun, 81 

Taking of game through use of gun; exceptions, 82 

Tanager, protected 77 



INDEX. 



145 



Page. 

Tanned or cured skins, may be held in possession 78 

Tattler, game bird 67 

Tattler, open season for, State Law 79 

Tattler, not to be killed for ten years under National Law. 129 

Taxation of clogs, 96 

Taxidermists, must secure license to practice 71 

Taxidermists, specimens may be shipped to within State when prop- 
erly marked, 92 

Tenants, right to kill dogs S7-102 

Tenants, right to kill bear, deer, rabbits and raccoons when destroying 

certain property, 81-S2-S5 

Thrasher, protected 77 

Thrush, protected 77 

Tilt-up, game bird, (see sandpipers), 07 

Time limit for prosecutions, 27-37-42-5S-93 

Time may be had in possession, game, after close season 89 

Titmouse, protected, 77 

Training dogs on Sunday prohibited, 78 

Training dogs, season for, >. 88 

Transportation of game out of State, prohibited 92 

Transportation of game out of State, exceptions, 92-93 

Transportation of small game prohibited unless properly marked and 

accompanied by owner 91 

Transportation of large game permitted when properly marked, 91 

Transportation of wild birds other than game birds, prohibited 77 

Traps for game, except rabbits and raccoons, absolutely prohibited, 81 

Traps for taking vermin, legal under certain conditions S:2 

Trespass on posted lands, 21-23 

Turkey, wild, game bird, 67 

Turkey, wild, open season for 78 

Turkey, wild, number that may be killed, 80 

Turkey, wild, calling of, illegal, 81 

Turkey, wild, not to be bought or sold. 88 

Turkey, wild, not to be hunted fqr wages or hire 90 

Turkey, wild, not to be killed from sunset to sunrise, 81 

U. 

Unlawful to shoot at a doe or fawn at any time 80 

Unnaturalized foreign-born residents cannot be possessed of dogs, 66 

Unnaturalized foreign-born residents cannot hunt or be possessed of 

firearms of any kind 25 

Unprotected animals, list of, 130 

Unprotected birds, list of 77-78 



Upland or grass plover, game bird, (see plover). 



67 



Vacancy on Game Commission 

Veery, protected 

Yireo, protected, 

Virginia Partridge, or quail, game bird, (see partridge), 



W. 



Wages or hire, hunting for, prohibited, 90 

Warblers, wild birds other than game birds, protected, 77 

Wardens, all Constables are 15 

Wardens, rights and duties of 14-15 

Warrants of arrest • 15-17-26-33-39-51-58-83 

10 



146 INDEX. 

Page. 

Warrants of search, 14-16-18-27 

Water craft, certain kinds not to be used in hunting waterfowl, 82 

Water craft, forfeiture of 34-36-52-64 

Waterfowl, wild, web-footed, game birds 67 

Waterfowl, wild, open season for. State Law, 79 

Waterfowl, wild, open season for, National Law 12ft 

Waterfowl, wild, may be bought and sold if killed or brought in dur- 
ing certain time, 88 

Waterfowl, wild, may be taken through use of decoys and bliuds, 82 

Waterfowl, wild, not to be killed except through use of gun, 81 

Waterfowl, wild, not to be killed from certain boats or craft 82 

Waterfowl, wild, not to be killed from sunset to sunrise, 81 

Waters, deer not to be killed in 85 

Waxwing, protected, 77 

Weasel, bounty on 44 

Whip-poor-will, protected 77 

Wild birds' nests not to be interfered with 76 

Wild birds other than game birds, absolutely protected 77 

Wild birds other than game birds, not protected 77-78 

Wild birds other than game birds, not to be shipped out of State 77 

Wild birds other than game birds, not to be sold or offered for sale, 77 

Wild cat (Canada or Bay Lynx, also called bob-cat), bounty on, 44 

Wild ducks and other wild waterfowl, game birds, (see waterfowl), .. 67 

Wild turkey, game bird, (see turkey) 67 

Woodcock, game bird, 67 

Woodcock, open season for 78 

Woodcock, number that may be killed, 80 

Woodcock, not to be bought or sold •. 88 

Woodcock, not to be killed except with a gun, 81 

Woodcock, not to be killed for wages or hire, 90 

Woodcock, not to be killed from sunset to sunrise 81 

Woodcock, not to be transported out of State 92 

Woodcock, not to be transported out of State, exceptions 92-93 

Woodpeckers, wild birds other than game birds, all protected 77 

Wren, wild bird other than game bird, protected 77 

Y. 

Yellow bird, protected, 77 

Yellow hammer, or nicker, protected, 77 

Yellow shanks, (snipe), game bird 67 

Z. 

Zoological Gardens, game laws not to apply to, 69 



DIVISION II. 
LAWS RELATING TO FISH. 



AN ACT 

For the protection of shad and game fish in the River Act May 22, 
Delaware. iss, p. l. 1. 

Whereas, It is deemed advisable by the Fish Com- 
missioners of New York and Pennsylvania, to protect 
the stocking of the River Delaware with shad and 
game fish, and to guard the fishing industries of the 
said river by the passage of uniform laws for the 
said river in each State, therefore, 

Section 1. Be it enacted, &c, That hereafter no 
person or persons shall cast, draw, or fasten, or 
otherwise make use of any seine, drift net, fyke net, 
or net or nets of any other description, or use any 
other appliance for the catching of fish, except rod, 
hook and line in the Delaware river: Provided, That 
this section shall not extend to shad fishing: Pro- 
vided also, That the meshes of nets used for catching 
shad shall not be less than three inches in width, or 
one and one-half inches from knot to knot, above 
Trenton Falls: Provided aiso, That it shall not be 
lawful to fish for shad with nets, either shore, drift, 
gilling or dip nets, or with any appliances whatever 
from June fifteenth to December thirty-first of any 
year, in the Delaware river above Trenton Falls. 
Any person or persons violating any of the provisions 
of this section, shall forfeit or pay the sum of one 
hundred dollars, with all costs of suit, together with 
the forfeiture of boats, nets and all appliances. 

Section 2. That hereafter no person or persons 
shall cast, set, draw, fasten or otherwise make use 
of any fyke net, or nets of any kind, or device made 
from cotton or flax twine, or wire netting, similar to 
a fyke net, for the purpose of catching fish in the 
Delaware river at any time in any year. Every per- 
son so offending shall be guilty of a misdemeanor, and 
on conviction thereof shall be punished by a fine, not 
exceeding one hundred dollars or imprisonment in the 



Preamble. 



Fishing with 
nets pro- 
hibited. 

Not to ex- 
tend to shad 
fishing. 
Size of mesh 
a hove Tren- 
ton Falls. 

Flshinp for 
shad with 
nets from 
June 15th to 
December 31. 

Prohibited 
above Tren- 
ton Falls. 



Penalty. 



Use of cer- 
tain nets 
prohibited. 



Violation of 
this act de- 
clared a 
misdemeanor. 



(147) 



148 



GAME, FISH AND FORESTRY LAWS. 



Penalty. 



Fishing with 
nets, etc., 
on Sunday 
prohibited. 



Penalty. 



Erection and 
use of fish- 
baskets, 
etc. , pro- 
hibited. 

Wing walls, 
etc., pro- 
hibited. 



Penalty. 

Penalty for 
second of- 
fense. 



Ro^k-bass or 
wall-eyed 
pike not to 
be killed 
within two 
years. 

Black bass, 
etc. . not to 
be caught 
between 
January 1st 
and May 
30th. 



county jail for a term not exceeding six months, or 
both at the discretion of the magistrate or court be- 
fore which such offender or offenders shall be con- 
victed, and the net or nets, devices or appliances used 
shall be destroyed by the officer making the arrest. 

Section 3. It shall be unlawful for any person or 
persons to cast, draw, drift, anchor, set, stage or 
otherwise make use of any gilling net, seine, short- 
net, drift-net, eel pots, or any kind of net for the 
purpose of catching fish in the Delaware river from 
sunset on Saturday until twelve o'clock on Sunday 
night of each and every week ; and the person or 
persons so offending shall forfeit and pay the sum 
of one hundred dollars, together with the cost of 
suit for each and every offense. 

Section 4. It shall be unlawful for any person or 
persons to place, build, erect, fasten or use any 
fish-baskets, gill-nets, or any permanently set means 
for taking fish in the river Delaware ; nor shall any 
person at any time affix any nets, fish-baskets, fyke 
nets, eel racks, or any kind of appliances or set 
means of taking fish to any wing walls in the river 
Delaware. Nor shall any person or persons erect, 
build or place, or cause to be erected, built or placed, 
any wing wall, or walls of stone or of any other 
substance or material, in the river Delaware, for 
the purpose of affixing, adjusting, placing or setting 
thereto or adjacent thereto, any of the above men- 
tioned illegal devices, contrivances or appliances for 
taking fish. Any person violating the provisions of 
this law shall be fined fifty dollars for the first offense 
or be liable to imprisonment for one month in the 
county jail, or both at the discretion of the magis- 
trate before whom the offender is convicted, and any 
person or persons so offending a second time shall 
be liable to a fine of one hundred dollars and im- 
prisonment for three months in the county jail. 

Section 5. It shall not be lawful to catch or kill 
by any means whatever, any rock bass or any wall- 
eyed pike, otherwise called Susquehanna salmon 
(species recently introduced into the river Delaware), 
within two years from the passage of this act, under 
a penalty of ten dollars for every fish caught or had 
in possession. 

Section 6. No person shall, by any means or de- 
vice whatsoever catch, or kill in the Delaware river 
any black bass, rock bass or wall-eyed pike, commonly 



GAME, FISH AND FORESTRY LAWS, 



149 



known as Susquehanna salmon, between the first day 
of January and the thirtieth day of May in any year, 
nor shall catch or kill any of said species of fish at 
any other time during the year save with rod, hook 
and line. Any violation of this section shall subject 
the offender to a penalty of ten dollars for each fish 
so caught. 

Section 7. No person shall catch or kill in the 
Delaware river, any black bass or wall-eyed pike 
under six inches in length, or any rock bass under 
five inches in length, under a penalty of ten dollars 
for every fish so caught. But should any fish be 
taken of a less size than the above, or should any 
wall-eyed pike or rock bass of any size be taken 
within two years from the passage of this act, it shall 
be the duty of anyone taking or capturing the same 
to return the fish immediately to the water from 
whence taken. Any violation of the law shall sub- 
ject the offender to a penalty of ten dollars for each 
and every fish so caught. 

Section 8. Nothing in this act shall be so construed 
as to prevent the catching of bait fish, other than 
game fish, by means of hand or cast nets for angling 
or scientific purposes, or the catching of game fish 
by order of any member of the State Fish Commis- 
sion of any State having jurisdiction in the Delaware 
river for the purpose of stocking other waters. 

Section 9. Any fish commissioner, fish warden, 
deputy warden, sheriff, deputy sheriff, constable, po- 
liceman, or any special officer of this Commonwealth, 
is hereby authorized to destroy any fish-basket, eel- 
weir, fyke net, shore-net, drift-net, dip-net, wing 
wall or wing walls, or any illegal device named in 
any section of this act, and they are hereby authorized 
to arrest forthwith any person placing, erecting, using 
or fastening them. Any person or persons interfering 
with any of the above officers in the discharge of 
their duties or resisting arrest, shall pay a fine of 
one hundred dollars or be imprisoned three months in 
the county jail, or shall be subject to both penalties 
at the discretion of the magistrate or court before 
which he or they shall be convicted. 

Section 10. Any fish commissioner, fish warden, 
deputy fish warden, sheriff, deputy sheriff, constable, 
policemen, or special officers of this Commonwealth, 
is hereby authorized to apprehend, arrest and imme- 
diately take any person who may be guilty of the vio* 



And at no 
time save 
with hook 
and line. 



Black bass 
under 6 
inches in 
length and 
wall eyed 
pike under 
5 inches in 
length not 
to be caught. 



If caught to 
be returned 
to water. 



Penalty. 

Catching fish 
for certain 
purposes 
allowable. 



Duties of 
fish wardens 
and other 
officers. 



Penalty for 
interfer- 
ence with 
officers. 



Officers au- 
thorized to 
mnke ar- 
rests. 



150 



GAME, FISH AND FORESTRY LAWS. 



Hearing be- 
fore justices 
of the peace. 



Appeal. 



Application 
of fines re- 
covered. 



Repeal. 



lation of any of the provisions or sections of this act 
before any justice of the peace, magistrate or any 
other legally constituted authority, and thereupon 
make charge of such violation of the law or any of 
the provisions thereof, and the magistrate shall forth- 
with hear and determine the charge and render judg- 
ment accordingly, with the right of certiorari or ap- 
peal as in all similar cases of arrest and conviction, 
and in case of any failure of any fish commissioner, 
warden or any other officer named above to prove his 
c:ise the county in which it is heard shall pay the 
costs. 

Section 11. The fines imposed under any section 
of this act *hall be paid to the Treasurer of the county 
in which the prosecution shall be made and the said 
Treasurer of the several counties of the State shall 
pay over to the Commissioners of Fisheries all moneys 
forfeited and recovered by them by virtue of this act, 
and the sm id Commissioners shall pay over the same 
to the Treasurer of the State. 

Section 12. All sections, provisos or acts incon- 
sistent with this act are hereby repealed. 

Approved— The 22nd day of May, A. D. 1889. 

JAMES A. BEAVER. 



A SUPPLEMENT 



May 8, 1876, 
P. L. 104. 



To an act, entitled "An act to amend and consolidate 
the several acts relating to game and game fish," 
approved May first, Anno Domini one thousand 
eight hundred and seventy-three, to require all per- 
sons engaged in any of the manufacturing interests 
of this State, accustomed to the washing of iron 
and othor ores, and of co:\l preparatory to its use 
for coking, and engaged in the business of tanning, 
to prepare a tank or other suitable receptaele into 
which the sediment, culm or coal' dust, the offal, 
refuse and the tan bark and liquor therefrom used 
in tanning, so far as is practicable may be pre- 
vented from passing into or upon any of the rivers, 
lakes, ponds or streams of this Commonwealth. 

Section 1. Be it enacted, &c, That section seven- 
teen of the act aforesaid be and the same is hereby 
amended so that the same shall read as follows, 



GAME, FISH AND FORESTRY LAWS. 



151 



namely: That all persons engaged in any of the 
manufacturing interests of this State, accustomed to 
the washing of iron and other ores, and of coal pre- 
paratory 'to its use for coking, or in the tanning of 
hides by a process in which vitriol is used, shall pre- 
pare a tank or other suitable receptacle into which 
the culm or coal dirt, the offal, refuse and the tan 
bark and the liquor, or the water therefrom, may 
be collected so that the sediment therefrom so far as 
is practicable, may be thereby prevented from passing 
into or upon any of the rivers, lakes, ponds or streams 
of the Commonwealth, under a penalty of fifty dol- 
lars for each offense, in addition to liability for all 
damages he or they may have done to any individual 
owners or lessees on such waters. 

Section 2. Whenever auy constable or other officer 
making eomplaint in good faith of the violation of 
any of the provisions of this act, shall fail to recover 
the penalty or penalties mentioned in the seventeenth 
section of the act to which this is a supplement, in 
any prosecution or suit commenced by such constable 
or other officer, pursuant to the foregoing section of 
this or the act to which this is a supplement, the 
costs of suit recovered by him or them shall be a 
charge upon the proper county and shall be allowed 
as other county charges are audited and allowed; 
and whenever the plaintiff or prosecutor is a private 
citizen, the costs shall abide the event of the suit 
or prosecution, and be paid as in other cases, and 
that section thirty-three of the act of first of May, 
Anno Domini one thousand eight hundred and seventy- 
three, be and the same is hereby repealed. 

Approved— The 8th day of May, AD 1876. 

J. F. HARTRANFT. 



Manufactur- 
ers to pre- 
pare tank, 
for reception 
of coal dirt, 
etc. 



Penalty. 



When consta- 
bles' costs to 
be charged 
upon county. 



When costs 
to abide 

event of suit. 



Repeal. 



AN ACT 



Relative to the appointment of police for corporations 
organized under the laws of this Commonwealth, p j, 10 ^ 1881, 
for the preservation and propagation of fish. 

Section 1. Be it enacted, &c, That any corpora- 
tion organized under the laws of this Commonwealth ^' sh c ? r ^ ra " 
for the preservation and propagation of fish in this Racial "po- 
Commonwealth, may apply to the Governor to .com- Hce. 



152 



GAME, FISH AND FORESTRY LAWS. 



Governor to 
appoint. 



Police to 
take oath. 



Powers of 
police. 



To wear 
shield. 



Compensa- 
tion. 



When se 
vices no 
longer r 
quired. 



mission such person as the said corporation may desig- 
nate, to act as policemen for the protection of the 
property of such corporation. 

Section 2. The Governor, upon such application, 
may appoint such persons, or so many of them as 
he may deem proper, to be such policemen, and shall 
issue to such person or persons so appointed a com- 
mission to act as such policemen. 

Section 3. Every policeman so appointed shall, 
before entering upon the duties of his office, take and 
subscribe the oath required by the eighth article of 
the Constitution, before the recorder of the county in 
which the property of said corporation may be situ- 
ated, which oath, after being duly recorded by such 
recorder, shall be filed in the office of the Secretary 
of State, and a certified copy of such oath, made by 
the recorder of the county, shall be recorded with 
the commission in the county in which the property 
of such corporation, for which such policeman is 
appointed, may be situated, and in which it is in- 
tended said policeman shall act ; and such policeman 
so appointed shall severally possess and exercise all 
the powers of policemen in the county in which they 
shall be so authorized to act as aforesaid, and the 
keepers of jails and lock-ups or station houses in 
said county are required to receive all persons ar- 
rested by such policeman for the commission of any 
offense against the laws of this Commonwealth upon 
the premises of any such corporation, to be dealt 
with according to law. 

Section 4. Such corporation police shall, when on 
duty, severally wear a metallic shield with the word 
"police" and the name of the corporation for which 
appointed inscribed thereon, and said shield shall 
always be worn in plain view, except when employed 
as detectives. 

Section 5. The compensation of such police shall 
be paid by the corporation for which the policemen 
are respectively appointed, as may be agreed upon be- 
tween them. 

Section 6. Whenever any corporation shall no 
longer require the services of any policemen as afore- 
said, they may file a note to that effect under their 
corporate seal, attested by their secretary, in the 
office where the commission of such policemen has 
been recorded, which shall be noted by the recorder 
upon the margin of the record where such commis- 



GAME, FISH AND FORESTRY LAWS. 153 

sion is recorded, and thereupon the power of such 
policemen shall cease and be determined. 
Approved— The 10th day of June, A. D. 1881. 

HENRY M. HOYT. 



AN ACT 

To establish a Department of Fisheries, to provide April 2, 

for its proper administration, and to provide for 1 903 . p - L - 

the protection and propagation of fish by the De- 128 - 
partment of Fisheries. 

Section 1. Be it enacted, &c, That there be, and Department 
is hereby established a Department of Fisheries, to of Fisheries. 
consist of a Commissioner of Fisheries and four other 
citizens of the Commonwealth, who together shall 
constitute the Fisheries Commission, each of whom 
shall be appointed and commissioned by the Governor, 
by and with the consent of the Senate, the Commis- remission 
sioner of Fisheries, for a term of four years, two of Terms, 
the said citizens for a term of two years, and two 
of said citizens for a term of four years, and there- 
after all appointments shall be made by the Governor, 
by and with the advice and consent of the Senate, for 
a term of four years. The persons so appointed, be- 
fore entering upon the discharge of their duties shall 
each take and subscribe to the oath of office pre- 
scribed by article seven of the Constitution of Penn- Oath of 
sylvania. The Commissioner of Fisheries, and the office. 
Fisheries Commission, so appointed, shall be clothed 
with all the powers heretofore conferred by law, re- Powers 
spectively, upon the Board of Fish Commissioners, so 
far as the same are consistent with the provisions of 
this act. 

Section 2. The Commissioner of Fisheries shall be The Com- 
the President and executive officer of the Fisheries missioper to 
Commission, and shall also be chief superintendent executive ent ' 
of all hatching-stations and fish-cultural establish- ffi C er and 
ments belonging to the State ; and he shall have full chief sup?r- 
control and management of all such establishments, intendent. 
now existing or which may hereafter be established ; 
and he shall have full control, direction and manage- 
ment of all fish-wardens or water-bailiffs ; and he shall 
assume full charge of the work of the enforcement 



154 



GAME, FISH AND FORESTRY LAWS. 



Duties of 

Fisheries 
Commission. 



Powers. 



Salary of 

Commis- 
sioner of 
Fisheries. 



Stenogra- 
pher. 



of the laws relating to the protection, propagation and 
distribution of fish and all fish-wardens, constables, 
police, sheriffs, and guardians of the peace, shall 
make prompt report to him of all cases of violation of 
tlie laws relating to fish. 

Section 3. It shall be the duty of the Fisheries 
Commission to encourage and promote the develop- 
ment of the fishery interests of the State, and to 
obtain and publish information respecting the extent 
and condition of the fisheries of the Commonwealth, 
and to make all rules ;ind regulations for the enforce- 
ment of all laws designed for the protection, extension 
and propagation oT fish; and it is empowered to em- 
ploy such legal and other service as may be necessary 
for the protection of fish, and for the apprehension 
and punishment of persons who may violate any of 
the laws relating to fish, or any of the rules and 
regulations which, under the powers herein given, 
may be adopted by the said Commission. 

Section 4 The Commissioner of Fisheries shall re- 
ceive a salary of three thousand dollars per annum, 
payable quarterly, by warrant drawn by the Auditor 
General on the State Treasurer, and in addition 
thereto shall be reimbursed for all necessary expenses 
of travel, which may be incurred in the discharge 
of the duties of his office; and the other members of 
the Commission shall serve without salary, but shall 
be reimbursed for all necessary expenses incurred by 
them in the performance of the duties of their office. 

Section 5. The Fisheries Commission shall have 
an office in the State Capitol, and it shall be the duty 
of the Hoard of Commissioners of Public Grounds 
and Buildings to provide, from time to time, the 
necessary rooms, furniture apparatus and supplies for 
the use of the Department of Fisheries, created under 
the provisions of this act. 

Section 6. The Commissioner of Fisheries shall 
have the power to employ one clerk, at a salary of 
twelve hundred dollars per annum; one stenographer, 
at a salary of six hundred dollars, per annum; said 
salaries to be paid monthly, by warrants drawn by 
the Auditor General on the State Treasurer. 

Section 7. This act shall take effect on and after 
the first Monday of June, one thousand nine hundred 
and three. 



GAME, FISH AND FORESTRY LAWS. 



155 



Section 8. That all acts or parts of acts inconsist- Repeal, 
ent with the provisions of this act he and the same 
are hereby repealed. 

Approved— The 2nd dav of April, A. D. 1903. 

SAML. W. PENNYPACKER. 



AN ACT 

To encourage the propagation of fish, and to regulate m9 M ay 
the ca telling, taking, and destruction of fish, in p. l. 309. 
the I Mil wji re River below Trenton Falls, within 
the jurisdiction respectively of the Commonwealth 
of Pennsylvania and uf the State of New Jersey; 
and providing penalties for violation of its provi- 
sions, and to repeal acts inconsistent therewith. 

Whereas, l'.y virtue of a joint resolution of the whereas. 
Commonwealth of Pennsylvania, approved the eighth 
day "f May, Anno Domini nineteen hundred and 
seven, entitled "A joint resolution providing for the 
creation of a commission to co-operate with the au- 
thorities of the States of New Jersey, New Y<>rl(, and 
Delaware in regard to the propagation, protection, 
and catching of sturgeon, shad, hass. perch, and 
other fish in the Delaware River: the adoption of con- 
current laws relevant thereto by such States: and to 
co-operate with the authorities of the State of Mary- 
land in regard to fish and fishing in the Susquehanna 
River, and the adoption of concurrent laws relevant 
thereto by such States; and to impure in relation to 
the pollution of waters of said rivers, and recom- 
mend legislation regulating and controlling the same; 
and miking an appropriation for those purposes," 
the following were appointed Commissioners on the 
part of the Commonwealth of Pennsylvania : From 
the Semite, Frederick A. (Jodcharles, Webster Grim, 
and Algernon R. Roberts: from the House of Repre- 
sentatives. Hiram J. Sedwick, Alfred Marvin, and 
Joseph N Hunter; by Governor Edwin S. Stuart, 
Henry F Walton: and by the terms of the joint reso- 
lution, the Commissioner of Fisheries, W E. Meehan, 
and Frank R McClain, Speaker of the House; and 

Whereas, By joint resolution passed by the Legis- Whereas, 
lature of the State of New Jersey, approved March 
twenty-fifth, Anno Domini one thousand nine hun- 
dred and eight, entitled "Joint Resolution providing 



156 



GAME, FISH AND FORESTRY LAWS. 



Whereas. 



Whereas. 



Delaware 
River below 
Trenton 
Falls. 



Right of 
fishery. 



for the creation of a commission to co-operate with the 
authorities of the States of Pennsylvania and New 
York in regard to the propagation, protection, and 
catching of fish in the Delaware River; and to in- 
quire into any cause of pollution of the waters of said 
river ; and to recommend legislation in regard to such 
propagation, protection, and catching of fish in the 
Delaware River, and to obviate the pollution there- 
of," the following were appointed to represent the 
State of New Jersey: From the Senate, Edmund W. 
Wakelee and Joseph S. Frelinghuysen ; from the As- 
sembly, Austin Colgate, Oliver C. Holcombe, and 
Henry D. Thompson; by the Governor, John Frank- 
lin Fort, Doctor Henry Van Dyke; and by the terms 
of the resolution, President of the Fish and Game 
Commission, B. C. Kuser, President of the Senate, 
Thomas J. Hillery, and Frank B. Jess, Speaker of 
the House of Assembly ; and 

Whereas, The commissions of the said Common- 
wealth of Pennsylvania and the State of New Jersey 
have been duly organized as provided and required by 
law ; and 

Whereas, The said Commissioners of the said Com- 
monwealth of Pennsylvania and of the said State of 
New Jersey, in joint meeting held for that purpose, 
have agreed upon uniform laws to provide an act 
providing uniform laws to encourage the propagation 
of fish, and to regulate the catching, taking, and 
destruction of fish in the Delaware River below Tren- 
ton Falls, within the concurrent jurisdiction of the 
Commonwealth of Pennsylvania and the State of New 
Jersey, and providing penalties for violation of its 
provisions; therefore, — 

Section 1. Be it enacted, &c, That the provisions 
of this act shall affect and apply only to the propa- 
gation, catching, taking, and protection and destruc- 
tion, of fish in the waters of the Delaware River be- 
low Trenton Falls, lying between the Commonwealth 
of Pennsylvania and the State of New Jersey. 

Section 2. The inhabitants of the Commonwealth 
of Pennsylvania and of the State of New Jersey shall 
have and enjoy a common right of fishery throughout 
in, and over the waters of said river, between low 
water mark on each side of said river ; between said 
States, below Trenton Falls, except so far as either 
State may have heretofore granted valid and subsist- 
ing private right of fishery. 



GAME, FISH AND FORESTRY LAWS 



157 



Section 3. For the purposes of this act, the fol- 
lowing fish shall be designated as game fish to wit, 
Black bass, or small-mouth bass; large-mouth bass, 
otherwise called Oswego, or yellow bass; strawberry 
or calico bass; rock bass, otherwise known as red-eye 
or goggle-eye; white bass, crappie; pike-perch, other- 
wise called wall-eyed pike; pike, or Susquehanna sal- 
mon; pike, pickerel, white perch, yellow perch; 
charr, commonly called brook or speckled trout; or 
any form of trout. The following shall be called bait 
fish; to wit, all species of minnows, killifishes, and 
stone catfish. All other species or varieties of fish, 
whatsoever, shall be termed food fish. 

Section 4. It shall be unlawful to catch or fish 
for any game fish, in any part of the Delaware River 
below Trenton Falls, with any device, or by any 
means or method whatsoever, excepting with rods 
and lines or handlines, commonly called dipsey or 
throw-lines, each having not more than three hooks; 
or with trolling lines, with spoon or artificial bait, 
having not more than one burr of three single hooks 
attached ; the number of rods and lines, or the num- 
ber of trolling lines, not to exceed two of one or the 
other device named, and said lines must be under the 
direct and immediate supervision of the custodian 
thereof. Any person violating any provisions of this 
section shall, on conviction thereof, be subject to a 
fine of twenty dollars. 

Section 5. It shall be unlawful to fish for bait 
fish, in the Delaware River below Trenton Falls, 
except with the following devices: to wit, rods and 
lines and hand lines with not more than three hooks, 
attached ; a minnow seine not more than one hundred 
feet in length ; a dip net, not more than five feet 
square; a minnow trap, the opening of which shall 
not be more than one and one-quarter inches in di- 
ameter; a scoop net, with a single handle, and with 
a diameter of net of not more than two feet. Any 
person who uses any other device, method, or means 
for catching bait fish, or of a greater length or di- 
ameter of nets specified in this section, shall on con- 
viction thereof, be subject to a fine of twenty dollars. 

Section 6. It shall be unlawful to fish for food 
fish, in the Delaware River, below Trenton Falls, 
with any device, method, or means, excepting by the 
following devices, and under regulations and re- 
strictions hereinafter described: to wit, a seine, a 



Game fish. 



Bait fish. 
Food fish. 

Lawful man- 
ner of fish- 
ins for game 
fish. 



Lawful man- 
ner of fish- 
ing for bait 



Fine. 



Lawful man- 
ner of fish- 
ing for food 
fish. 



158 



GAME, FISH AND FORESTRY LAWS 



Sturgeon. 



Seine or 
nets. 



Other food 
fish. 



Close sea- 
ra. 



Fine nnd 
forfeiture. 



Anchored 
net pro- 
hibited. 



Lawful 
vices. 



de- 



gill net; an eel pot, a fyke net, earn without wings; 
a parallel net, or net set at the edge of low w;iter; 
and rods ;ind lines, or hand lines, otherwise known 
as dipsey or throw linos, each having not more than 
three hooks. Any person who shall use or employ 
any method or device for catching food fish, other 
than those named in this section, or shall use or 
employ any device named in this section contrary 
to the regulations or restrictions hereinafter men- 
tioned, shall he suhjeot to a fine of twenty dollars, 

Section 7. As amended by the act of June 3, 1911, 
P L. 629. 

Section 7. It shall be unlawful for any person 
to catch and take, or attempt to catch and take, 
sturgeon from the Delaware Itiver below Trenton 
Falls, with any device excepting a seine or gill net, 
the meshes of which shall not be less than thirteen 
inches stretched measure while being fished ; or to 
catch and take, or attempt to catch and take, any 
other food Sish from said waters, with a seine, the 
meshes of which shall be less than two and one-half 
inches stretched measure while being fished, or any 
gil! net tlv> meshes of which shall be less than five 
and one-o,uarter inches stretched measure while being 
fished: Provided, That gill nets, with a mesh not 
smaller than three inches, may be used from March 
first to June tenth, in each year, for the purpose of 
taking herring only. It shall also be unlawful for any 
pei-son to catch and take, or attempt to catch and 
take, any food fish, except sturgeon, by means of a 
seine or gill net. between the tenth day of June, 
in each and every year, and the first day of March 
next ensuing, Any person who shall violate any 
of the provisions of this section shall, on conviction 
thereof, be subject to a fine of one hundred dollars, 
together with a forfeiture of all nets, boats, and ap- 
pliances used. A similar act was passed by New 
Jersey and signed by the (Governor, April 15, 1911. 

Section 8. It shall be unlawful for any person to 
catch and take, or attempt to catch and take, fish of 
any kind from the Delaware River below Trenton 
Falls, with a net of any character which is anchored 
or staked or fastened down in any measure. Nor 
shall any net of any kind or character, excepting a 
drifting gill net, an eel net, a fyke net, each without 
wings, or a parallel net for the capture of carp only, 
be used for the purpose of catching and taking fish 



GAME, FISH AND FORESTRY LAWS. 



in said waters, within one quarter of a mile above 
or below the mouth of any river, creek, or stream 
emptying into said Delaware River below Trenton 
River Any person who shall violate any of the 
provisions of this section shall, on conviction thereof, 
be subject to ;i tine of twenty dollars, with the 
forfeiture of nets, boats, and other appliances used. 

Section ft. As amended by the act of May 11, 1911, 
P I. 620. 

Section 0. It shall be unlawful for any person 
to catch and take, or attempt to catch and take, fish 
of any kind or description from the Delaware River 
below Trenton Falls, hy means of net; or to use 
a net of any character in the wafers aforesaid, be- 
tween Saturday at two post meridian, and twelve 
o'clock, midnight, Sunday night, in each week. Any 
person violating- any of the provisions of this section 
shall, on conviction thereof, he subject to a fine of 
one hundred dollars, together with a forfeiture of all 
net*, hunts, and other appliances used. 

This act shall take effect immediately , but shall not 
be considered as valid or operative until a similar act 
has been enacted by the State of Xew Jersey. A 
similar act was passed by Xew Jersey, March 21, 1911. 

Section 10 It shall be lawful to catch food fish, 
with rods and lines and hand lines and trolling lines, 
as described in section four of this act. at anv time 
in tbe your;, in the Delaware River below Trenton 
Falls: but it shall be unlawful to fish for and take 
game fish, execptine from the fifteenth day of June 
to the Hist day of December, inclusive, in each year. 
Any person viola tine any of the provisions of this 
section shall, on conviction thereof, be subject to 
a fine of ten dollars for each and every fish so taken. 

Section 11 It shall be unlawful to use eel pots 
and fyke nets, each without wings, in the Delaware 
River below Trenton Falls, from June first to July 
thirty- first in each year, both dates inelusive; but it 
shall be lawful to use eel pots and fvke nets, each 
without wings, from July first to May thirty-first, 
both d-tr«.« inclusive, in each year, for the pur- 
poses of patching carp, catfish, eels, and suckers only. 
All other species of fish which may be caught in said 
nets must be returned unVarmed immediately to the 
waters from which taken: Provided. That the en- 
trance of said eel pot and fyke net shall not he more 
than six inches in diameter, and the outside diameter 



Tributaries. 



Fine mid 
forfeiture. 



Sunday fish- 
Ine with 
nets, pro- 
hibited. 



Food fish. 



Open season. 



Oppn season 
fer game 
fish. 



Eel pots and 
fyke nets. 

Close 
season. 

Open f /flson 
for carp, 
catfish, eels 
and suckers. 



Proviso. 



160 



GAME.. FISH AND FORESTRY LAWS. 



Fine and 
forfeiture. 



Parallel net. 



Close season. 
Carp only- 



Proviso. 
Proviso. 



Proviso. 



Fine and 

forfeiture. 



Length and 
weight of 
fish that 
may be 
taken. 



not more than thirty inches. Any person violating 
any of the provisions of this section shall, on convic- 
tion thereof, be subject to a fine of twenty dollars, 
together with a forfeiture of all nets, boats, and 
other appliances used. 

Section 12. As amended by the act of June 3, 1911, 
P. L. 629. 

Section 12. It shall be unlawful to use a parallel 
net, otherwise a net set approximately parellel with 
the shore, in the Delaware River and Bay, laying 
between the States of New Jersey and Pennsylvania, 
below Trenton Falls, and at low-water mark, between 
the first day of June and the thirty-first day of Au- 
gust, in each year; and it shall be lawful to use 
such parallel net from the first day of September to 
the thirty-first day of May, inclusive, next ensuing, 
in each year, for the purpose of taking carp only: 
Provided, That the meshes of said net be not less 
than three and one-half inches stretched measure 
when being fished: Provided, That seines not smaller 
than two and one-half inch mesh may be used from 
September first to May thirty -first, of each year, for 
the purpose of taking carp and suckers only: And 
provided further, That no such net shall be set in 
such manner as to impede navigation. All other fish 
than carp and suckers must be returned unharmed to 
the water beyond low-water mark. Any person vio- 
lating any of the provisions of this section shall, on 
conviction thereof, be subject to a fine of one hun- 
dred dollars, together with a forfeiture of all nets, 
and other appliances used. 

This act shall take effect immediately, but shall 
not be considered as valid or operative until a similar 
act has been enacted by the State of New Jersey. A 
similar act was passed by the State of New Jersey, 
March 21, 1911. 

Section 13. It shall be unlawful for any person to 
catch and take, or to attempt to catch and take, 
from the Delaware River below Trenton Falls, in 
any manner whatsoever, any striped bass, otherwise 
known as rock fish, weighing more than twenty pounds 
or measuring less than ten inches in length; or any 
sturgeon, less than five feet in length; or any black 
bass, or any small-mouth bass, large-mouth bass, 
otherwise known as Oswego or yellow bass less 
than nine inches in length ; or any pike or pickerel, 
or any pike-perch, otherwise known as wall-eyed pike 



GAME, FISH AND FORESTRY LAWS. 



161 



or Susquehanna salmon, less than twelve inches in 
length ; or any calico or strawberry bass, crappie, 
white bass, rock bass, otherwise known as red-eye 
or goggle-eye, or trout, or charr, less than six inches 
in length. Any fish of a less length than those 
described, or any striped bass, commonly called rock 
fish, weighing more than twenty pounds, which may 
be caught must be returned immediately to the water: 
Provided, That nothing in this section shall be so 
construed as to prevent the fishery authorities of the 
Commonwealth of Pennsylvania or of the State of 
New Jersey capturing fish of any size, from said 
waters, or at any time of the year, or in any man- 
ner, for propagation purposes and for stocking other 
waters in their respective States, through their rep- 
resentatives. Any person who shall violate any of 
the provisions of this section shall, on conviction 
thereof, be subject to a fine of ten dollars for each 
and every fish so caught and had in possession. 

Section 14. It shall be unlawful for any person, 
by boat, ancher, dredge, or otherwise, in the Dela- 
ware River below Trenton Falls, to wilfully, and 
without reasonable cause, interfere with, break, 
damage, or destroy any drifting gill net or hauling 
seine, or nets of any description, being lawfully used; 
and it shall be unlawful for any person to drift a 
gill net over the waters of a shore fishery while the 
hauling seine is being used. Any person violating 
any of the provisions of this section shall on con- 
viction thereof, be subject to a fine of twenty dollars. 

Section 15. It shall be unlawful for any person to 
put or place in the Delaware River below Trenton 
Falls any explosive or poisonous substances what- 
soever, or any drug, or any poison bait, for the pur- 
pose of catching, taking, killing, or injuring the fish; 
or to allow any dye-stuff, coal or gas tar, coal oil, 
sawdust, tan-bark, cocculus indicus (otherwise known 
as fish berries), lime, vitriol, or any of the com- 
pounds thereof, refuse from gas-houses, oil-tanks or 
vessels, or any deleterious destructive, or poisonous 
substances of any kind or character, to be turned into, 
or allowed to run, flow, wash, or be emptied into, 
any of the waters aforesaid, unless it is shown that 
every practicable means have been used to prevent the 
pollution of waters in question by the escape of dele- 
terious substances. In case of the pollution of waters 

11 



Proviso. 



Fishing au- 
thorities. 



Fine. 



Boats, an- 
chors, and 
dredges. 



Unlawful 
use of 



Fine. 



Explosives, 
or poisons. 



Deleterious 
or destruc- 
tive sub- 
stances. 



Pollution 
of waters. 



GAME, FISH AND FORESTRY LAWS 



Fine. 



Unlawful, 
sale, offer, 
or posses- 
sion. 



Fine. 



Cone -n-rent 
jurisdiction. 



Charge. 



by substances known to be injurious to fishes or t& 
fish fond, it shall nut be necessary to prove that such 
substances have actually caused the death of any 
particular fish. Any person violating any of the 
provisions of this section shall on conviction thereof, 
be subject to a fine of two hundred dollars. 

Section 16. It shall be unlawful to purchase, sell, 
or offer for sale, Or have in possession, any fresh 
dead game fish or food fish, except during the law- 
fid period for catching the same, and the space of 
six days after such period has expired: Any per- 
son violating any of the provisions of this section 
shall, on conviction thereof, be subject to a fine of 
ten dollars for each fish 

Section 17. The Commonwealth of Pennsylvania and 
the State of New Jersey shall have concurrent juris- 
diction over all offenses and viohitions of this act, 
committed or attempted to be committed by any per- 
son or persons fish frig * in tbe Delaware River below 
Trenton Falls, within the jurisdiction respectively 
of the said Commonwealth of Pennsylvania and the 
State of Xew Jersey. Any fish warden, or any per^ 
son in either State authorized to make arrests for 
violations of the fish laws shall have power and au- 
thot-itv to in a k* arrests in any part of the river, or 
shores thereof, and take' such person or persons for 
trial to the State in which the offense was committed, 
and proceed against the Offender according to the 
legal procedure for violation of the fish laws of said 
State Tf the arrest be made upon the shore of the 
said Delaware River, within this Commonwealth, the 
said person or persons shall be taken before any jus- 
tice of the peace, alderman, magistrate, or other 
legally constituted authority in the county in which 
the arrest was made, and thereupon make charge of 
such violation of the law, or any provision thereof; 
and the justice of the peace, alderman, or other 
legally constituted authority, shall forthwith hear 
and determine the guilt or innoeense of the person 
or persons so charged, and, if convicted upon such 
charge, shall be sentenced by said justice, alderman, 
or macistrnte, severally, to pay the fine or fines, 
penalty or penalties, provided in this act for such- 
violations, together with the cost of suit: said fines 
to be paid over forthwith to the treasurer of the 
county in which the prosecution was brought, and 
said county treasurer to p-\y over the sum forthwith 
to the Commissioner of Fisheries for the benefit of the 



GAME, FISH AND FORESTRY LAWS. 



163 



Commonwealth: Provided, That in rase the defend- 
ant *»r defendants shall neglect to pay, jit once, the 
fine or fines so imposed, said defendant or defendants 
shall forthwith he sentenced to undergo imprisonment , 
in the county jail uf the county where such convic- 
tion Likes place, for a period of one day for each dol- 
]a: of fine so imposed and unpaid, unless the de- 
fendant or defendants, upon conviction, shall give 
notice of intention to appeal, when such defendant or 
defendants shall he permitted to enter into good and 
sufficient recognisance to appear hefore such justice, 
alderman, or magistrate, on or hefore the expiration 
of live days, if such appeal is not taken hy them, or 
on the final determination of such appeal if it he not 
sustained, for execution of sentence: Provided also, 
That all actions for any violation of any of the pro- 
visions of this act must he taken within one year from 
the time the offense was committed. In case any 
fish warden, or any person authorized to make ar- 
rests for violation of the fish laws, fails to prove his 
case, and the defendant or defendants are discharged 
or in case the defendant or defendants are convicted, 
and sent to jail, in lieu of the payment of fine or fines, 
penalty or penalties, the county in which the case is 
heard shall pay the costs. Such arrests shall also he 
made on Sunday, in which case the person or persons 
shall he taken hefore the proper officer and proceeded 
agninst on a week d;iy following the arrest. 

Section 18. Any person or persons who shall hy 
threat, menace, or force, or in any manner, at- 
tempt to deter or prevent any fish warden, or other 
person authorized to m;ike arrests for violation of 
the fi^h laws, in either State from enforcing or carry- 
ing into effect :iny provisions of this act, or who shall 
resist arrest, or the seizure of bouts or nets illegally 
used, shall, on nonvinrion thereof, be subject to a 
fine of one hundred dollars. 

Section 10. The following acts and parts of acts 
are intended to be supplied by this act, and the 
same are hereby repealed; nlso, all acts or parts 
of acts inconsistent with this act, be and the same 
are hereby repealed. 

1. An net for the protection of shad, sturgeon, 
and game fish in the river Delaware, approved May 
twenty-second, eighteen hundred and pightv-nine. 

2. An act for the protection of shad and game 
fish in the State of Pennsylvania, approved May 



Appeal. 



Bail. 



Proviso. 



Sunday 
arrests. 



Interference 
with officers. 



Fines. 



Repeals. 



Act of May 



Act of May 
22. 1889. 
part of. 



164 



GAME, FISH AND FORESTRY LAWS 



Act of May 
12, 1901. 



Act of June 
26, 1895. 



When act 
shall go 
into effect. 



Proviso. 



twenty-second, eighteen hundred and eighty-nine or 
so much thereof as relates to the Delaware River be- 
low Trenton Falls. 

3. An act for the protection of Penobscot salmon 
planted in the river Delaware, and providing pen-' 
alties for the enforcement thereof, approved May 
twelfth, nineteen hundred and one. 

4. An act for the protection of sturgeon, approved 
June twenty-fifth, eighteen hundred and ninety -five. 

Section 20. This act shall take effect immediately; 
but no section, proviso, or part of this act shall be 
considered as valid and operative until a similar act 
has been enacted by the State of New Jersey: Pro- 
vided, That when the said State of New Jersey has 
enacted a similar act, the provisions of this act re- 
lating to the size of the meshes of nets shall not be- 
come operative until June second, nineteen hundred 
and nine. 

Approved— The 1st day of May, i . D. 1909. 

EDWIN S. STUART. 

An act similar to the foregoing was passed by the 
Legislature of New Jersey and signed by the Governor 
of that State on April 1st, 1909. 

An act similar to the amended sections 9 and 12 
of this art was passed by the legislature of New 
Jersey and signed by the Governor upon the 21st day 
of March, 1911. 

And an act similar to amended seetion 7 of this 
act was passed by the Legislature of New Jersey and 
signed by the Governor upon the 15th day of April, 
1911. 

So that this a^t is binding in every particular upon 
the citizens of Pennsylvania. 



1909, May 8, 
P. L. 480. 



Wkereaa. 



AN ACT 

To encourage the propagation of fish, and to regu- 
late the catching, taken, and destruction of fish, in 
the Delaware River above Trenton Falls, within 
the jnrisdietion respectively of the Commonwealth 
of Pennsylvania and of the State of New Jersey ; 
and providing penalties for violation of its provi- 
sions, and to repeal acts inconsistent therewith. 

Whereas By virtue of a joint resolution of the 
Commonwealth of Pennsylvania, approved the eighth 
day of May, Anno Domini one thousand nine kun- 



GAME, FISH AND FORESTRY LAWS. 165 

dred and seven, entitled "A joint resolution providing 
for the creation of a commission to co-operate with 
the authorities of the State of New Jersey, New 
York, and Delaware in regard to the propagation, 
protection, and catching of sturgeon, shad, bass, 
perch, and other fish in the Delaware River; the 
adoption of concurrent laws relevant thereto by such 
States and to co-operate with the authorities of the 
State of Maryland in regard to fish and fishing in the 
Susquehanna River, and the adoption of concurrent 
laws relevant thereto by such States ; and to inquire 
in relation to the pollution of the waters of said rivers, 
and recommended legislation regulation and controlling 
the same ; and making an appropriation for those pur- 
poses," the following were appointed commissioners 
on the part of the Commonwealth of Pennsylvania: 
From the Senate, Frederick A. Godcharles, Webster 
Grim , and Algernon B . Roberts ; from the House of 
Representatives, Hiram J. Sedwick, Alfred Marvin, 
and Joseph N . Hunter ; by Governor Edwin S . 
Stuart, Henry F. Walton; and by the terms of the 
joint resolution, the Commissioner of Fisheries, W. 
E. Meehan, and Frank B. McClain, Speaker of the 
House ; and 

Whereas, By a joint resolution passed by the whereas. 
Legislature of the State of New Jersey, approved 
March twenty-five, Anno Domini one thousand nine 
hundred and eight, entitled "Joint resolution pro- 
viding for the creation of a commission to co-operate 
with the authorities of the States of Pennsylvania and 
New York in regard to the propagation, protection, 
and catching of fish in he Delaware River ; and to 
inquire into any causes of pollution of the waters of 
said river and to recommend legislation in regard 
to such propagation, protection, and catching of 
fish in the Delaware River, and to obviate the pollu- 
tion thereof," the following were appointed to rep- 
resent the State of New Jersey: From the Senate, 
Edmund W. Wakelee and Joseph S. Frelinghuysen ; 
from the Assembly, Austin Colgate, Oliver C. Hol- 
combe, and Henry D. Thompson; by the Governor, 
John Franklin Fort, Doctor Henry Van Dyke; and 
by the terms of the resolution. President of the Fish 
and Game Commission, B. C. Kuser, President of 
the Senate, Thomas J. Hillery, and Frank B. Jess, 
Speaker of the House of Assembly ; and 



166 



GAME, FISH AND FORESTRY LAWS. 



Whereas. 



Whereas. 



Delaware 
River ;tl>ove 
Trenton 
Falls. 



Right of 
fishery. 



flame fish. 



Bait fish. 
Pood fish. 



Lawful man- 
ner of fishing 
for game 
fish. 



Whereas, The Commissions of the said Common- 
wealth of Pennsylvania and the State of New Jersey 
have been duly organized, as provided and required by 
law ; and 

Whereas, The said Commissioners of the said 
Commonwealth of Pennsylvania and the said State 
of New Jersey, in joint meeting held for that pur- 
pose, have agreed upon uniform laws to provide an 
aet providing uniform laws to encourage the propa- 
gation of fish, and to regulate the patching; taking, 
and destruction of fish, in the Delaware Uiver above 
Trenton Falls, within the eoneurrent jurisdiction of 
the Commonwealth of Pennsylvania and the State of 
New Jersey, and providing penalties for violation of 
its provisions; therefore, — 

Section 1. Be it enacted, &c. , That the provisions 
of this aet shall effect and apply only to the pro- 
pagation, catching, taking, and protection and de- 
struction, of fish in the waters of the Delaware 
River above Trenton Falls, lying between the Com- 
monwealth of Pennsylvania and the State of New 
Jersey. 

Section 2. The inhabitants of the Commonwealth 
of Pennsylvania and of the State of New Jersey shall 
have and enjoy a common right of fishery throughout, 
in, and over the waters of said river, between low- 
water mark on each side of said river, between said 
States, above Trenton Falls, except so far as either 
State may have heretofore granted valid and subsist- 
ing private right of fishery. 

Section 3. For the purpose of this act, the follow- 
ing fish shall be designated as game fish, to wit, 
Black bass, or small mouth bass; large-mouth bass, 
otherwise called Oswego, or yellow bass, strawberry, 
or calico bass; rock bass, otherwise known as red-eye 
or go£ gle-pye ; white bass, crappie; pike-perch, other- 
wise called wall-eyed pike, Susquehanna salmon; pike, 
pickerel, white perch, yellow perch; charr, commonly 
e-'lled brook or speckled trout; or any form of trout. 
The following shall be designated as bait fish; to wit, 
All species of minnows, killifishes, and stone cat- 
fish. All other species or varieties of fish, whatsoever, 
shall be designated as food fish. 

Section 4. It shall be unlawful to catch or fish 
for any game fish, in any part of the Delaware 
River above Trenton Falls, with any device, or by 
any means or method whatsoever, excepting with 



GAME, FISH xVND FORESTRY LAWS 



167 



rods and linos; or hand lines, commonly called dip- 
sey or throw lines, each having nut more than three 
honks; or with trolling lines, with spoon or artificial 
bait, having not more than one burr or" three single 
hooks attached . The number of rods and lines, or 
the number of trolling-lines, not to exceed two of 
one <>r the other device named, and said lines must 
be under the direct and immediate supervision of the 
person fishing therewith, Any person violating any 
provisions of this section shall, on conviction thereof, 
be subject to a fine of twenty dollars. 

Section 5. It shall be unlawful to fish for bait 
fish, in the Delaware River above Trenton Falls, 
except with the following devices: to wit, rods and 
lines ii nd hand lines, with not more than three hooks 
attached ; a minnow seine, not more than one hun- 
dred feet in length; a dip net, nor more than live 
feet square; a minnow trap, the opening of which 
shall not be more than one and one-quarter inches in 
diameter; a scoop net, with single handle, and with 
a diameter of net not mote than two feet. Any per- 
son who uses any other device, method, or means for 
catching bait fish, other than those specified in this 
section, shall, on conviction thereof, be subject to a 
fine of twenty dollars. 

Section 6. It shall be unlawful to fish for food 
fish, in the Delaware River above Trenton Falls, 
with any device, method, or means- excepting by the 
following devices, and under regulations and re- 
strictions hereinafter described: to wit. n seine, an 
eel pot, or a fyke net, each without wings; and rods 
and lines, or hand lines, otherwise known as dipsey 
or throw lines, each having not more than three hooks. 
Any person who shall use or employ any method or 
device for catching food fish other than those named 
in this section, or shall use or employ any device 
named in this section contrary to the regulations or 
restrictions hereinafter mentioned, shall be subject 
to a fine of twenty dollars. 

Section 7. It shall be unlawful for any person to 
catch and take, or attempt to catch and take, stur- 
geon, from the Delaware River above Trenton Falls, 
with any device excepting a seine, the meshes of 
which shall not be less than thirteen inches stretched 
measure while being fished ; or to catch and take 
or to attempt to catch and take, any other food fish 
from said waters with a seine the meshes of which 



Lawful man- 
ner of fish- 
ins for bait 
fish. 



Lawful man- 
ner of fishing 
for food fish. 



Sturgeon. 



Other food 

fish. 



168 



GAME, FISH AND FORESTRY LAWS. 



Close 
season. 



Fines and 
forfeitures. 

Anchored or 
staked net 
prohibited. 



Eel pots and 
fyke nets. 



Tributaries. 



Pines and 
forfeiture. 



Fishing- by 
use of net 
prohibited, 
within cer- 
tain hours. 



Fine and 
forfeiture. 



shall be less than two and one-half inches stretched 
measure while being fished. It shall also be unlawful 
for any person to catch and take, or to attempt to 
catch and take, any food fish, except sturgeon, by 
means of a seine, between the tenth day of June, in 
each and every year, and the first day of March next 
ensuing. Any person who shall violate any of the 
provisions of this section shall, on conviction thereof, 
be subject to a fine of one hundred ($100) dollars, to- 
gether with a forfeiture of all nets, boats and appli- 
ances used. 

Section 8. It shall be unlawful for any person to 
catch and take or attempt to catch and take, any 
fish of any kind, from the Delaware River above 
Trenton Falls, with a net of any character, which 
is anchored or staked or fastened down in any man- 
ner, permanently or otherwise, or to use any net so 
anchored or fastened down, in any manner. Nor 
shall any net of any kind or character, excepting an 
eel pot, a fyke net, each without wings, be used for 
the purpose of catching and taking fish in said waters, 
within one-half mile above or below the mouth of any 
river, creek or stream emptying into said Delaware 
River above Trenton Falls. Any person who shall 
violate any of the provisions of this section shall, on 
conviction thereof, be subject to a fine of twenty ($20) 
dollars, together with the forfeiture of nets, boats, 
and other appliances used. 

Section 9. As amended by the act of June 3, 1911, 
P. L. 637. 

Section 9. It shall be unlawful for any person to 
catch and take, fish of any kind or description from 
the Delaware River above Trenton Falls, by means 
of a net, or to use a net of any character in the 
waters aforesaid between Saturday at two o'clock 
post meridian and twelve o'clock midnight Sunday 
night, in each week. Any person violating any of 
the provisions of this section shall, on conviction 
thereof, be subject to a fine of one hundred dollars, 
together with a forfeiture of all nets, boats, and other 
appliances used. 

This act shall take effect immediately, but shall 
not be considered as valid or operative until a 
similar act has been enacted by the State of New 
Jersev. A similar act passed by New Jersey, May 
1, 1911. 



GAME, FISH AND FORESTRY LAWS. 169 

Section 10. It shall be lawful to catch food fish, Food fish; 

with rods and lines, and hand-lines, and trolling- open season. 

lines, as described in section four of this act, at 

any time of the year, in the Delaware River above 

Trenton Falls ; but it shall be unlawful to fish for 

and take game fish, excepting from the fifteenth day 

of June to the first day of December, inclusive, in ~ _ _ _ 

» • i .< /. . i • • Open season 

each year. Any person violating any of the provisions f 0r game 

of this section shall, on conviction thereof, be sub- fish. 

ject to a fine of ten ($10) dollars for each and every 

fish so taken. 

Section 11. It shall be unlawful to use eel pots Eel po+s and 
and fyke nets, each without wings, in the Delaware fvke nets; 
River above Trenton Falls, from June first to July (:]0 -* season, 
first in each year, both dates inclusive; but it shall 
be lawful to use eel pots and fyke nets, each without . 
wings, from July first to May thirty-first, both dates ? 7" ar p a * on 
inclusive, in each year, for the purpose of catching catfish, pels, 
carp, catfish, eels, and suckers only. All other species and snrMftL 
of fish which may be caught in said nets must be 
returned unharmed immediately to the waters from 
which taken: Provided, That the entrance of said Proviso, 
eel pot and fyke net shall not be more than six inches 
in diameter, and the outside diameter not more than 
thirty inches. Any person violating any of the pro- Fine and 
visions of this section shall, on conviction thereof, be forfGItr ' ro - 
subject to a fine of twenty ($20) dollars, together with 
a forfieture of all nets, boats, and other appliances 
used. 

Section 12. It shall be unlawful for any person length and 
to catch and take, or attempt to catch and take, weight of 
from the Delaware River above Trenton Falls, in fish that 
any manner whatsoever, any striped bass, otherwise ™g n be 
known as rock fish, weighing more than twenty 
pounds, or measuring less than ten inches in length; 
or any sturgeon, less than five feet in length; or any 
black bass, or any small-mouth bass, large-mouth 
bass, otherwise known as Oswego or yellow bass, less 
than nine inches in length ; or any pike or pickerel, or 
any pike-perch, otherwise known as wall-eyed pike 
or Susquehanna salmon, less than twelve inches in 
length ; or any calico or strawberry bass, crappie, 
white bass, rock bass, otherwise known as red-eye or 
goggle-eye, or trout, or charr, less than six inches in 
length. Any fish of a less length than those described, 
or any striped bass, commonly called rock fish, weigh- 
ing more than twenty pounds, which may be caught, 



170 



GAME, FISH AND FORESTRY LAWS. 



Proviso. 



Fishery au- 
thorities. 



Fine. 



Boats, 

anchors, nnd 
dredges. 

Unlawful 
use of. 



Fine. 



Explosives 
or poisons. 



Deleterious 
or destruc- 
tive sub- 
stances. 



Pollution of 
waters. 

Fine. 

Unlawful 
sale, offer, 
or posses- 
sion. 



must be returned immediately to the water: Provided, 
That nothing in this section shall be so construed as 
to prevent the fishery authorities of the Common- 
wealth of Pennsylvania or of the State of New Jersey 
capturing fish of any size, from said waters, or at 
any time of the year, or in any manner for propa- 
gating purposes and for stocking other waters in their 
respective States, through their authorized representa- 
tives. Any person who shall violate any of the pro- 
visions of this section shall, on conviction thereof, be 
subject to a fine of ten dollars for each and every 
fish so caught and had in possession. 

Section 13. It shall be unlawful for any person, by 
boat, anchor, dredge, or otherwise, in the Delaware 
River above Trenton Falls, to wilfully, and without 
reasonable cause, interfere 'with, break, damage, or 
destroy any hauling seine, or net of any description, 
being lawfully used. Any person violating any of 
the provisions of this section shall, on conviction 
thereof, be subject to a fine of twenty dollars. 

Section 14. It shall be unlawful for any person 
to put or place in the Delaware River above Trenton 
Falls any explosive or poisonous substances whatso- 
ever, or any drug, or any poison bait, for the purpose 
of catching, taking, killing, or injuring the fish, or 
to allow any dye-stuff, coal or gas tar, coal oil, 
sawdust, tanbark, coceulus indicus (otherwise known 
as fish berries), lime, vitriol, or any of the compounds 
thereof, refuse from gas-houses, oil-tanks or vessels, 
or any deleterious, destructive or poisonous substances 
of any kind or character, to be turned into or al- 
lowed to run, flow, wash or be emptied into, any of 
the waters aforesaid, unless it is shown that every 
practicable means has been used to prevent the pollu- 
tion of waters in question by the escape of deleterious 
substances. In the case of the pollution of waters 
by substances known to be injurious to fishes or to 
fish food, it shall not b^ necessary to prove that such 
substances have actually caused the death of any 
particular fish. Any person violating any of the 
provisions of this section shall, on conviction thereof, 
be subject to a fine of two hundred dollars. 

Section 15. It shall be unlawful to purchase, sell, 
or offer for sale, or have in possession, any fresh dead 
game or food fish, except during, the lawful period for 
catching the same, and the space of six days after 
such period has expired. Any person violating any of 



GAME, FISH AND FORESTRY LAWS. 171 

the provisions of this section shall, on conviction Fine, 
thereof, be subject to a fine of ten dollars for each 
fish. 

Section 16. The Commonwealth of Pennsylvania 
and the State of New Jersey shall have concurrent concurrent 
jurisdiction over all offenses and violations of this jurisdiction, 
act, committed or attempted to be committed by any 
person or persons fishing in the Delaware River above 
Trenton Falls, within the jurisdiction respectively 
of the said Commonwealth of Pennsylvania and of 
the State of New Jersey. Any fish warden, or any A ™est. 
person in either State authorized to make arrests for 
violation of the fish laws, shall have power and au- 
thority to make arrests in any part of the river, or 
shores thereof, and take such person or persons for 
trial to the State in which the offense was committed, 
and proceed against the offender according to the 
legal procedure for violation of the fish laws of said 
State. If the arrest be made upon the shores of the 
said Delaware River, within this Commonwealth, the 
said person or persons shall be taken before any jus- 
tice of the peace, alderman, magistrate, or other 
legally constituted authority in the county in which charge 
the arrest was made, and thereupon make harge of 
such violation of the law, or any provish. \ereof; 
and the justice of the peace, alderman, or ot\ \rally 
constituted authority shall forthwith hear v -,\ de- 
termine the guilt or innocence of the person \ ■> Ar- 
sons so charged and, if convicted upon such cKv^e, 
shall be sentenced by said justice, alderman, or 
magistrate, severally, to pay the fine or fines, penalty 
or penalties, provided in this act for such violations, 
together with the costs of suit: said fines to be paid 
over forthwith to the treasurer of the county in which 
the prosecution was brought, and said county treas- 
urer to pay over the sum forthwith to the Commis- 
sioner of Fisheries, for the benefit of the Common- 
wealth: Provided, That in case the defendant, or de- Proviscy - 
fendants shall neglect to pay, at once, the fine or 
fines so imposed, said defendant or defendants shall 
forthwith be sentenced to undergo imprisonment, in 
the county jail of the county where such conviction 
takes place, for a period of one day for each dollar 
of fine so imposed and unpaid, unless the defendant 
or defendants, upon conviction, shall give notice of 
intention to appeal, when such defendant or de- Appeal, 
fendants shall be permitted to enter into good and suf- 



172 



GAME, FISH AND FORESTRY LAWS. 



Bail. 

Proviso. 



Costs. 



Interference 
with officers. 



Fine. 
Repeals. 



Act of May 
22, 1889. 



Act of May 

22, 1889. 



Act of May 
12. 1901. 



Act of .Tune 
25, 189S. 



ficient recognizance to appear before such justice, al- 
derman, or magistrate, on or before the expiration 
of five days, if such appeal is not taken by them, or 
on the final determination of such appeal if it be 
not sustained, for execution of sentence: Provided 
also, That all actions for any violation of any of 
the provisions of this act must be taken within one 
year from the time the offense was committed. In 
case any fish warden, or any person authorized to 
make arrests for violation of the fish laws, fails to 
prove his case, and the defendant or defendants are 
convicted, and are sent to jail, in lieu of the payment 
of fine or fines, penalty or penalties, the county in 
which the case is heard shall pay the costs. Such 
arrests shall also be made on Sunday, in which case 
the person or persons shall be taken before the proper 
officer and proceeded against on a week day following 
the arrest. 

Section 17. Any person or persons who shall by 
threat, menace, or force, or in any manner, attempt, 
to deter or prevent any fish warden, or other person 
authorized to make arrests for violation of the fish 
laws, in either State, from enforcing or carrying into 
effect any provision of this act, or who shall resist 
arrest, or the seizure of boats or nets illegally used, 
shall, on conviction thereof, be subject to a fine of 
one hundred dollars. 

Section 18. The following acts and parts of acts 
are intended to be supplied by this act, and the same 
are hereby repealed ; also, all acts or parts of acts 
inconsistent with this act, be and the same are hereby 
repealed . 

1. An act for the protection of shad, sturgeon, 
and game fish in the river Delaware, approved May 
twenty-second, eighteen hundred and eighty-nine. 

2. An act for the protection of shad and game fish 
in the State of Pennsylvania, approved May twenty- 
second, eighteen hundred and eighty-nine, or so much 
thereof as relates to the Delaware River below Tren- 
ton Falls. 

3. An act for the protection of Penobscot salmon 
planted in the river Delaware, and providing pen- 
alties for the enforcement thereof, approved May 
twelfth, nineteen hundred and one. 

4. An act for the protection of sturgeon, approved 
June twenty-fifth, eighteen hundred and ninety-five. 



GAME, FISH AND FORESTRY LAWS 



173 



Section 19. This act shall take effect immediately, When act 
but no section, proviso, or part of this act shall be J**" g ° . 
considered as valid and operative until a similar act 1U ° e eo 
has been enacted by the State of New Jersey: Pro- p roV iso. 
vided, That when the said State of New Jersey has 
enacted a similar act, the provisions of this act re- 
lating to the size of the meshes of nets shall not 
become operative until June second, nineteen hun- 
dred and nine. 

Approved— The eighth day of May, A. D. 1909. 

EDWIN S. STUART. 

An act similar to the foregoing was passed by the 
Legislature of New Jersey and signed by the Governor 
of that State on April 1st, 1909. 



AN ACT 

To forbid the use of a gill net of more than thirty 
meshes deep, in such parts of boundary lakes of 
more than five thousand acres as the Common- 
wealth has jurisdiction over, and providing penalty 
and punishment for the violation of any provision 
of this act. 

Section 1. Be it enacted, &c, That in such part 
or parts of lakes of more than five thousand acres, 
lying between this and any other State or foreign 
country, as this Commonwealth has jurisdiction over, 
and in any bay or inlet thereof, it shall hereafter be 
unlawful to use a gill net of more than thirty meshes 
deep. Any person or persons who shall violate any 
provision of this section shall, on conviction, be sub- 
ject to a penalty of twenty-five dollars; and all nets, 
devices, and appliances or boats, shall be forfeited 
to the Department of Fisheries. 

Section 2. That from and after the passage of this 
act, any Fish Commissioner, fish warden, deputy 
warden, sheriff, deputy sheriff, constable, or any 
special officer, or any peace officer in this Common- 
wealth, is hereby authorized and commanded to forth- 
with seize any net or nets, boats or appliances, that 
may be used in violation of any provision of this act, 
and turn the same over to the Department of Fish- 
eries ; and they are hereby authorized and commanded 
to forthwith apprehend and arrest any person or per- 



Act Mar 5, 
1911, P. L. 
164. 



Boundary 
lakes. 



Use of 
gill nets. 



Penalty, 



Authority 
of officers. 



Seizure of 
nets, boats, 
etc. 



174 



GAME, FISH AND FORESTRY LAWS 



Costs. 



Sunday- 
arrests. 



Authority 
of justices, 
aldermen 
and magis- 
trates. 



Warrants. 
Hearing. 



Penalty. 



sons who may be guilty of violating any of the pro- 
visions of this act, and take him or them before any 
justice of the peace, magistrate, or other legally con- 
stituted authority, and thereupon make charge of such 
violation of the law, or any of the provisions thereof; 
and the magistrate shall forthwith hear and determine 
the charge as provided in this act. And in case 
any Fish Commissioner, fish warden, or any officer 
named above, fails to prove his case, and the defend- 
ant or defendants are discharged, or in case the 
defendant or defendants are convicted, and are sent 
to jail in lieu of the payment of fine or fines, penalty 
or penalties, the county in which the case is heard 
shall pay the costs. Such arrests may also be made on 
Sunday, in which case the person or persons shall 
be taken before the proper officer and proceeded 
against on a week-day following the arrest. 

Section 3. That from and after the passage of this 
act, any justice of the peace, alderman, or magis- 
trate, upon information or complaint being made be- 
fore him, by the affidavit of one or more persons, 
charging any person with having violated any of the 
provisions of this act, is hereby required and author- 
ized to issue his warrant, under his hand and seal, 
directed to any constable, police officer, or warden, 
requiring such person or persons to be arrested and 
brought before such justice of the peace, alderman, 
or magistrate, who shall hear and determine the guilt 
or innocence of the person or persons so charged ; and 
if convicted, such justice of the peace, alderman, or 
magistrate shall sentence the person so convicted, 
severally, to pay the fine or fines, penalty or penal- 
ties, provided in this act for such violation or viola- 
tions, together with the costs of suit; and such fine or 
penalties shall be appropriated as provided in sec- 
tion two of this act. 

Section 4. All acts or parts of acts inconsistent 
with this act be and the same are hereby renealed. 

Approved— The 5th day of Mav, A. D. lflll. 

JOHN K. TENER. 



GAME, FISH AND FORESTRY LAWS. 



175 



AN ACT 

To authorize the use of a haul-seine in the tide-water 
streams wholly within this Commonwealth, under 
certain conditions, for the capture of carp, suckers, 
mullets, and catfish, and providing penalties for 
violation of the act. 

Section 1. Be it enacted, &c, That it shall be un- 
lawful to use a haul-seine in the tide-water streams 
wholly within the Commonwealth of Pennsylvania, 
and in the limit of tide- water of said streams, for the 
catching of carp, suckers, mullets, and catfish, 
excepting from the first day of September until the 
thirty-first day of March next ensuing: Provided, 
That the meshes of said haul-seine shall not be less 
that three inches stretched measure while being fished, 
or one and one-half inches from knot to knot while 
being fished. Provided further, That before any 
person or persons shall use a haul-seine, as provided 
in this act, he or they shall take out a license from 
the county treasurer in the county in which the 
person or persons reside, and for which the said 
person or persons shall pay the sura of five dollars ; 
said license shall hold good from September first until 
March thirty-first next ensuing, both dates inclusive, 
and shall be shown on demand to any fish warden, 
State policeman, constable, sheriff, deputy sheriff, 
or any other person authorized to make arrests for 
violation of the fish laws of this Commonwealth. On 
payment of the money to the county treasurer, said 
county treasurer shall issue a license, on forms sup- 
plied to him by the Department of Fisheries for that 
purpose, and he shall be entitled to retain one dollar 
of the said amount for his services in issuing the 
license, and the other four dollars with a duplicate 
of the license shall be forwarded by him forthwith 
to the Department of Fisheries, and the Commissioner 
of Fisheries shall turn over the same into the State 
Treasury, for the benefit of the Commonwealth: And 
provided further, That any fish, other than carp, 
mullets, suckers, and catfish, which may be caught in 
said haul-seines, shall be returned with the least 
possible harm to the water from which taken ; ex- 
cepting that any shad or herring may be taken in 
said net may be kept from the first day of March to 
the thirty-first day of March, inclusive. Any person 
or persons who violate any of the provisions of this 



Act June 3, 
1911, P. L. 
655. 



Fishing with 
haul-seine in 
tide- water 
streams. 

Carp, suck- 
ers, mullets, 
and cattish. 

Open season. 

Proviso. 



Size of 
mesh. 



Proviso. 



License. 
Fees. 



Term. 



Exhibition 
of license. 



Treasur- 
er's fees. 



Proviso. 

Shad and 
herring. 

Open season. 

Carp, mul- 
lets, suck- 
ers, and 
catfish. 



176 

Close sea- 
son. 

Penalty. 

Violations. 

Arrests. 



Hearing. 



Costs. 

Sunday 
arrests. 



Complaint. 
Warrant. 
Arrest. 
Penalty. 



GAME, FISH AND FORESTRY LAWS. 

section, or who shall use any haul-seine as described 
in this act for the capture of carp, mullets, suckers, 
and catfish from the first day of April until the thirty- 
first day of August, inclusive, shall, on conviction as 
provided in section three of this act, be subject to a 
penalty of fifty dollars, together with a forfeiture of 
all nets, boats, and other appliances used. 

Section 2. That any fish commissioner, fish-war- 
den, special or deputy fish-warden, sheriff, deputy 
sheriff, constable, or any special officer, or any peace 
officer in this Commonwealth, is hereby authorized 
and commanded to arrest forthwith and without war- 
rant any person or persons violating any provisions 
of this act, or to make information against such per- 
son or persons ; and they are further authorized and 
commanded to apprehend and arrest, and immediately 
take any person or persons who may be charged with 
such violations before any justice of the peace, magis- 
trate, or other legally • constituted authority, and 
thereupon make charge of such violation of the law 
or any provision thereof; and the justice of the peace 
or magistrate shall forthwith hear and determine the 
charge as provided in section three of this act ; and 
in case of any fish commissioner, fish warden, or any 
other officer named above, fails to prove his case, and 
the defendant or defendants are discharged, or in 
case the defendant or defendants are convicted and 
are sent to jail in lieu of the payment of fine or fines, 
penalty or penalties, the county in which the case is 
heard shall pay the costs. Such arrests may also be 
made on Sunday or any holiday, in which case the 
person or persons shall be taken before the proper 
officer and proceeded against on the lawful day next 
following the arrest. 

Section 3. That any justice of the peace, alderman, 
or magistrate, upon information or complaint made 
to him by affidavit of one or more oersons, charging 
any person or persons with having violated any of the 
provisions of this act, is hereby authorized and re- 
quired to issue his warrant, under his hand and seal, 
directed to any constable, peace officer, or warden, 
and cause such person or persons to be arrested and 
brought before such justice, alderman, or magistrate, 
who shall hear and determine the guilt or innocence 
of the person or persons so charged : and if convicted 
upon such charge: shall be sentenced by said justice, 
alderman, or magistrate, severally to pay the fine or 
fines, penalty or penalties, provided in this act for 



GAME, FISH AND FORESTRY LAWS 



177 



Ball. 



such violations, together with the costs of suit. Said 
fines shall be paid over forthwith to the treasurer of 
the proper county and the said county treasurer shall 
pay over the same forthwith to the Commissioner of proviso. 
Fisheries, who shall pay the same into the State 
Treasury, for the benefit of the Commonwealth: Pro- 
vided, That in case the defendant or defendants shall 
neglect to pay at once the fine or fines so imposed, 
said defendant or defendants shall forthwith be sen- 
tenced to undergo imprisonment in the county jail Appeal, 
of the county where such conviction takes place, for 
a period of one day for each dollar of fine imposed 
and unpaid, unless the defendant or defendants, upon 
conviction, shall give notice of intention to appeal; 
when such defendant or defendants shall be permitted 
to enter into good and sufficient recognizance, with 
condition that the defendant or defendants appear be- 
fore such justice, alderman, or magistrate, on or be- 
fore the expiration of five days, if such appeal is not 
taken by him or them, or on the final determination rrnT , ;i 
of such appeal if it be not sustained, for execution of 
sentence: Provided also, That all actions for any 
violation of any of the provisions of this act must 
be commenced within one year from the time when the 
offense was committed. 

Section 4. All acts or parts of acts inconsistent 
with this act are hereby repealed. 

Approved the 3rd day of June, A. D. 1911. 

JOHN K. TENER. 



Rppenl. 



AN ACT Act April 18, 

To classify the species of fish in such part of the ioo. ' 
boundary lakes, of more than five thousand acres, 
as this Commonwealth has jurisdiction over, and in 
the waters of any peninsula or in any bay adjacent 
to or connected with such lakes ; to declare which 
fish are game-fish, which fish are food-fish, and 
which are minnows, or bait-fish; to protect and 
provide for the maintenance and increase of fish 
in such lakes; to regulate and provide for the pay- 
ment of license fees for the catching of fish from 
suob. boundary lakes, and prohibit the unauthorized 
taking of fish from devices used by authority of 
such license ; to provide penalties and punishments 
for the violation of any of the provisions of this 
act; and requiring the county wherein an offense 
is charged to pay costs of prosecution in certain 
12 



178 



GAME, FISH AND FORESTRY LAWS 



Boundary 
lakes, etc. 



Game-fish. 



Bait-fish. 
Food-flsh. 



Devices and 
appliances. 



Penalty. 



Nets and 
devices. 



Proviso. 



instances; and repealing all acts inconsistent here- 
with. 

Section 1. Be it enacted, &c, That in such part 
or parts of lakes of more than five thousand acres, 
lying between this and any other State or foreign 
country, as this Commonwealth has jurisdiction over, 
and in any water or on any peninsula or any bay 
adjacent to or connected with such lake, the follow- 
ing named species of fish are hereby made specifically 
within the provisions of this act, to wit: All species 
or varieties of black or yellow bass, rock bass, calico 
bass or strawberry bass, crappie, muscallonge, and 
grass pike, which for the purpose of this act are 
hereby classified and hereinafter designated as game- 
fish ; and minnows and killifish, which shall herein- 
after be designated as minnows or bait-fish ; and all 
other species of fish shall be called food-fish. 

Section 2. That it shall be unlawful to fish for or 
capture any game fish in any waters within the 
jurisdiction of this Commonwealth, described in the 
first section of this act, in any manner or with any 
device or appliance, or by any means whatsoever, ex- 
cept a rod and line having not more than three hooks, 
or with a hand line having not more than three hooks, 
or a spear used for catching carp and suckers ouly; 
or with a trolling-line with spoon-hooks attached; 
or, for food fish, with any device not specifically 
permitted in this act. Any person violating any pro- 
vision of this section shall, on conviction thereof, be 
subject to a penalty of twenty-five dollars, or in de- 
fault of payment, undergo imprisonment in the county 
jail for a period of one day for each dollar of fine un- 
paid, except when otherwise provided; and any device, 
appliance, or boats used in violation of the provisions 
of this section shall be forfeited to the Department 
of Fisheries. 

Section 3. That it shall be unlawful to fish for any 
kind of fish in any bay or in any waters on any 
pea insula described in the first section of this act, 
with nets or devices or means of any kind, except a 
rod and line having not more than three hooks, or 
with a hand line having not more than three hooks 
attached, or with a trolling-line with spoon-hooks 
attached, at any time of the year: Provided, That 
nothing in this sectiou shall be so construed as to pro- 
hibit the use of minnow-nets for angling or scientific 
purposes; or to prohibit the Department of Fisheries 
from catching fish at any time of the year with nets, 



GAME, FISH AND FORESTRY LAWS. 



179 



for the purpose of stocking the waters or for taking 
spawn, or from removing by means of nets, by con- 
tract or otherwise, any fish which it may deem in- 
jurious to other game or food fishes. Any person 
violating any of the provisions of this section shall, 
on conviction, be subject to a penalty of twenty-five 
dollars, or in default of payment, be imprisoned in the 
county jail for a period of thirty days; and all nets, 
devices, appliances, or boats used in violating any 
of the provisions of this section shall be forfeited 
to the Department of Fisheries. 

Section 4. That it shall be unlawful for any person 
to catch and kill in any waters within the jurisdic- 
tion of this Commonwealth, described in the first 
section of this act, or have in possession, the same 
being killed, more than twenty-five rock bass, crappie, 
strawberry or calico bass, or more than twelve of any 
species of black bass, grass pike, or muscallouge: 
And provided further, That it shall be unlawful for 
any person to catch, take, or have in possession, the 
same being killed, any game-fish, from the first day 
of November to the twentieth day of May next en- 
suing, both days inclusive. Any person violating any 
of the provisions of this section shall, on conviction, 
be subject to a penalty of five dollars for each and 
every fish so unlawfully caught, killed, or had in 
possession, or, in default of payment, be imprisoned 
in the county jail for a period of one day for each 
dollar of fine unpaid. 

Section 5. That it shall be unlawful for any person 
to put or place in any waters described in the first 
section of this act, over which this Commonwealth 
has jurisdiction, any electricity, or any explosive or 
poisonous substances whatsoever, or any drug or any 
poison bait, for the purpose of catching, taking, kill- 
ing, or injuring fish; or to allow any dead fish, fish 
offal, contents of tannery vats, planing mill shavings, 
dye-stuff, coal or gas-tar, coal oil, sawdust, tan- 
bark, eocculus indicus (otherwise known as fish-ber- 
ries), lime, vitriol, or any of the compounds thereof, 
refuse from gas-houses, oil-tanks, pipes or vessels, 
or any deleterious, destructive, or poisonous sub- 
stances of any kind or character, to be turned into, 
or allowed to run, flow, wash or be emptied into, 
any of the waters aforesaid. In case of the pollution 
of waters bv any subst^n^es known to be injurious 
to fishes or fish food, it shall not be necessary to prove 
that such substances have actually caused the death 
of any particular fish. Any person violating any 



Penalty. 



Forfeiture. 



Number of 
garae-flsh 
that may be 
legally 
caught. 



Proviso. 
Closed 



Penalty. 



Explosive* 
or poisons. 



Contamina- 
tion of 
waters. 



180 



GAME, FISH AND FORESTRY LAWS. 



Penalty. 

Fishing 
with ex- 
plosives or 
poisons. 



Penalty. 



Prima facie 
evidence of 
violation. 



Use of fish 
a s compost, 
•te. 



Penalty. 



Distance*. 



Limit. 



of the provisions of this section shall, on conviction 
as provided in section seventeen of this act, be sub- 
ject to a fine of one hundred dollars. 

Section 6. That it shall be unlawful to fish in any 
waters described in the first section of this act, and 
over which this Commonwealth has jurisdiction, with 
dynamite, nitro-glycerine, torpedoes, electricity, 
quick-lime, or any kind of explosives or poisonous sub- 
stances, or to place such substances in any waters 
except for engineering purposes, when written per- 
mission has been given therefor by the proper Na- 
tional, State, city, or county official or officials. Any 
person violating any of the provisions of this section 
shall, on conviction, be subject to a fine of one hun- 
dred dollars, or imprisonment of six months in the 
county jail. 

Section 7. That in all cases of arrest made for the 
violation of any of the sections of this act, the pos- 
session of the fishes prohibited by such section, or 
the possession of a net, nets, or other device, at or 
near a place where the use of such net, nets, or de- 
vice is prohibited by such section, shall be prima facie 
evidence of the violation of such section or sections. 

Section 8. Any person or persons catching or sell- 
ing: game or food-fish, or minor food-fish, from the 
waters of any part of any lake described in the first 
section of this act, for the purpose of making com- 
post or other fertilizing mixture, or who makes use 
of fish for such purpose without the consent in writ- 
ing of the Department of Fisheries, shall, on con- 
viction, be subject to a penalty of one hundred dol- 
lars, or an imprisonment of three months in the county 
jail, or both, at the discretion of the magistrate or 
court before whom conviction was had. 

Section 9. That no net of any description shall be 
set, fastened, drawn, or used within two miles of 
the entrance of any bay described in the first section 
of this act, nor within one-fourth mile from shore ; 
nor shall any gill-net be set within three-quarters of 
a mile of any other portion of the shore of the part 
of any lake over which this Commonwealth has juris- 
diction, described in the first section of this act; nor 
shall any other net or nets, other than gill-nets, and 
nets fastened to and supported by poles driven in the 
ground, be set, fastened, or drawn, or used within 
seventeen miles from such entrance to any bay, de- 



GAME, FISH AND FORESTRY LAWS 



181 



scribed in the first section of this act, measured in 
a direct line ; nor within half a mile from the entrance 
of any stream. Any person violating any of the 
provisions of this section shall, on conviction, be 
subject to a penalty of one hundred dollars, or, in 
default of payment, be imprisoned in the county jail 
for a period of three months. 

Section 10. That it shall be unlawful for any per- 
son or persons, company or corporation, operating 
nets or devices of whatever description or character 
in the waters of any part of any lake described in 
this act, to capture and kill any sturgeon under three 
feet in length, or to have in possession the car- 
casses or flesh of any sturgeon of less than three 
feet in length. Any sturgeon of less than three feet 
in length which may be captured must be returned 
forthwith to the waters, with care and least possible 
injury. Any person or persons violating, or any 
member of a partnership or officer of a corporation 
that consents to or permits the violation of, any of 
the provisions of this section shall, on conviction, be 
subject to a penalty of twenty-five dollars for each 
sturgeon illegally captured, killed, or had in posses- 
sion, or, in default of payment, be imprisoned in the 
county jail for a period of one day for each dollar of 
fine unpaid. 

Section 11. As amended by the act of May 14th, 
1915, P. L. 521. 

Section 11. That it shall be lawful to fish for food- 
fish in any part of any lake described in the first sec- 
tion of this act, over which this Commonwealth has 
jurisdiction, subject to the other provisions and modi- 
fications in this act contained, with gill-nets having 
a mesh not less than three (3) inches, stretched mesh, 
fishing measure, and not more than thirty meshes 
deen ; provided that gill-nets used in fishing for trout 
shall have meshes at least five and one-half (5£) 
inches in size, stretched mesh, fishing measure; and 
with pound-nets, the cribs of which shall have a mesh 
of not less than two and one-half (2£) inches, stretched 
mesh, fishing measure; and with trap-nets, over 
seventeen miles from the entrance to any lay de- 
scribed in the first section of this act, measured in 
a direct line, and over one-half mile from the en- 
trance to the lake of any stream, having a mesh of 
not less than two and one-half (2£) inches, stretched 



Penalty. 



Sturgeon. 



Legal 
lengths. 



Penalty. 



Gill-nets. 

Trout. 

Pound-nets. 
Trap-nets. 



182 



GAME, FISH AND FORESTRY LAWS. 



Night lines. 



Violations. 



Penalty. 



Proviso. 



Boats, nets, 
and devices. 



mesh, fishing measure; and with set lines with hooks 
attached, called night-lines. Any person or persons 
fishing, at any time of the year, with gill-nets, pound- 
nets, or trap-nets having meshes of less size than here- 
in described, shall, on conviction, be subject to a 
fine of one hundred ($100) dollars, or, in default of 
payment, each person convicted shall be confined in 
the county jail for a period of three months, and all 
boats, nets, arid other appliances used, together with 
any fish caught, shall be forfeited to the Department 
of Fisheries: Provided further, That the provisions 
in regard to size of meshes in trap-nets shall not be- 
come effective until August first, one thousand nine 
hundred and sixteen. 

Section 12. As amended by the act of May 14th, 
1915, P. L. 521. 

Section 12. That it shall be unlawful for any per- 
son, persons, company, or corporation to operate, 
for the purpose of catching fish, any boat, boats, 
net, nets, or any device whatsoever, except a rod. 
and line having not more than three hooks, a hand- 
line having not more than three hooks, a spear used 
for catching carp and suckers only, and a troll ing- 
line with spoon-hooks attached, in any part of any 
lake described in this act, over which this Common- 
wealth has jurisdiction, without having first paid 

License fees. i nto the hands of the Department of Fisheries the 
following amounts as license fees, to wit: For each 
row or sail-boat used in fishing with gill-nets, five 
dollars; for each boat of any kind, under ten tons 
gross burden, so used, ten dollars; for each boat of 
any kind, of from ten to twenty tons gross burden, 
so used, fifteen dollars; for each boat of any kind, 
over twenty tons gross burden, so used, twenty dol- 
lars; for each pound-net, ten dollars; for any other 
form of authorized and not excepted net or device, 
not less than fifty cents nor more than five dollars, 
as the Department of Fisheries may determine; and, 
in addition to the license fees above set forth, the 
operators of each boat, so licensed, shall permit a man 
designated by the Commissioner of Fisheries to ac- 
company such boat at any time when it is engaged 
in fishing, under and bv virtue of sueh license, for 
the purpose of semiring for the Department of Fish- 
eries from the fish so caught so much of their spawn 

Spawn. as the Department may desire to secure and any 



GAME, FISH AND FORESTRY LAWS 



183 



person operating or employing others to operate, or 
any member of a partnership or officer of a corpora- 
tion that employs or consents to the employment of 
any person to operate, any boat, net, nets, device 
or devices, without having procured from the Depart- 
ment of Fisheries a license, as provided in this sec- 
tion, authorizing him, them, or it so to do, shall, 
on conviction, be subject to a penalty of fifty dollars, 
or, in default of payment, be imprisoned in the county 
jail for a period of one day for each dollar of the fine 
unpaid, and all fish and nets shall be forfeited to 
the Department of Fisheries. 

Section 13. That it shall be unlawful for any per- 
son or persons, save the owner or owners thereof, 
or their lawful representatives, to remove or take 
fish from any device which has been duly licensed, and 
operated according to the provisions of this act. 
Any person or persons violating any of the provisions 
of this section shall, on conviction thereof, be sub- 
ject to a fine of ten dollars for each fish so unlaw- 
fully taken, provided the total amount of fine shall 
not exceed one hundred dollars for taking at any 
one time, and, in default of payment, be imprisoned 
in the county jail for a period of one day for each 
dollar of fine unpaid; and any fish recovered shall be 
returned to the owner or owners of the net or device 
from which they were taken, and all boats and ap- 
pliances used in taking the fish unlawfully shall be 
forfeited to the Department of Fisheries. 

Section 14. That whenever any person, persons, 
or company or corporation, shall apply to the De- 
partment of Fisheries for a license to operate any 
boat, boats, net or nets, or other device, in any 
waters in which may be used legally under the pro- 
visions of this act, the Department of Fisheries shall, 
upon receiving the fees provided in the twelfth sec- 
tion of this act, issue such license, duly signed by 
the Commissioner of Fisheries, which license shall 
hold good from the time it is issued until the close 
of the calendar year in which it is issued, and shall 
be carried by the operator or operators of said boat, 
boats, net, nets, device, or devices while they are 
being used: Provided, That no license shall be issued 
to a resident of any State or county whose laws pro- 
hibit the issuing of a license to a resident of the 
Commonwealth of Pennsylvania. Said license must 



Violation. 



Penalty. 



Unlawful 

taking of 
fi«h from 
licensed de- 
vices. 

Penalty. 



Trsup of 
license. 



Term of. 



Proviso. 



184 



GAME, FISH AND FORESTRY LAWS. 



Exhibition 
of license. 



Penalty. 



Revocation 
of license. 



Buoys. 



Penalty. 



Proviso, 



Disposition 
of fees 
and fines. 



Settle- 
ments. 



Seizures. 



be shown on demand by any fish warden, constable, 
deputy sheriff, Fish Commissioner, or any author- 
ized representative of the Department of Fisheries. 
Any person having such license in his possession and 
refusing to show it- on demand, shall be subject to 
a penalty of five dollars, or be imprisoned in the 
county jail for a period of one day for each dollar of 
fine unpaid: And provided further, That any per- 
son, persons, or corporations operating any boat, net, 
nets, device, or devices, under a license issued by the 
Department of Fisheries, who shall fail to comply in 
every way with the provisions of this act shall have 
his license revoked by said Department of Fish- 
eries . 

Section 15. That it shall be unlawful for all nets, 
except gill-nets and pound-nets, to be set, fixed, or 
fastened without having attached thereto a buoy of 
at least eighteen inches in diameter, bearing a me- 
tallic tag on which shall be the owner's name and 
address, which buoy must be plainly visible and 
above water at all times. Any person violating any 
of the provisions of this section shall, on conviction 
as provided in section seventeen of this act, be liable 
to a penalty of twenty-five dollars and the confisca- 
tion of the net or nets: And further provided, That 
any net, so required to be buoyed, which is found in 
the water without buoy, as above provided, and the 
owner cannot be located, shall be confiscated to the 
Department of Fisheries. 

Section 16. That all moneys collected as license 
fees and fines, under the provisions of this act, shall 
be paid as received into the State Treasury, for the 
use of the Commonwealth, accompanied by an item- 
ized statement thereof, a copy of which shall be 
filed in the office of the Auditor General ; and a 
duplicate thereof, when receipted by the Auditor 
General and the State Treasurer, shall constitute a 
settlement between the Commissioner of Fisheries 
and the Auditor General and the State Treasurer 
as to the aforesaid license fees and fines. 

Section 17. That from and after the passage of 
this act, any Fish Commissioner, fish warden, deputy 
warden, sheriff, deputy sheriff, constable, or any 
special officer, or any peace officer of this Common- 
wealth, is hereby authorized and commanded to forth- 
with seize any net, nets, or device whatever, that 
may be used in any violation of any provisions of this 



(iAME, FISH AND FORESTRY LAWS. 185 

act, and turn the same over to the Department of 
Fisheries ; and they are hereby authorized and com- 
manded to forthwith apprehend and arrest any person Arrests, 
or persons who may be guilty of violating any of the 
provisions of this act, and take him or them before 
any justice of the peace, magistrate, or other legally 
constituted authority, and thereupon make charges of 
such violation of the law or any of the provisions 
thereof; and the magistrate shall forthwith hear and 
determine the charge, as provided in this act. And 
in case any Fish Commissioner, fish-warden, or other 
officer named above fails to prove his case, and the 
defendant or defendants are discharged, the county 
shall pay the costs ; and in case the defendant or de- ^en shall 
fendants are convicted, and are sent to jail in lieu of pay cos ts. 
the payment of the fine or fines, penalty or penalties, 
the county in which the case is heard shall pay the 
costs, in the first instance, without however relieving 
any defendant or defendants sentenced to pay the 
same. Such arrests may also be made on Sunday, Sunday 
in which case the person or persons shall be taken arrests. 
before the proper officer, and proceeded against on 
a week day following the arrest. All fines, penalty Disposition 
or penalties, paid to any justice of the peace, alder- ? f & nea *7 
man, or magistrate, shall forthwith be paid over by ^e^peace 
him to the Commissioner of Fisheries. All boats e t c . 
and nets, or devices, forfeited to the Department of 
Fisheries, shall be sold, and the money received there- 
for be paid into the general fund of the State Treas- 
ury. All illegal devices, not preserved for exhibition 
purposes, to be destroyed. 

Section 18. That from and after the passage of this 
act, any justice of the peace, alderman, or magis- complaints, 
trate, upon information or complaint being made be- 
fore him by the affidavit of one or more persons, 
charging any person with having violated any of the 
provisions of this act, is hereby required and author- 
ized to issue his warrant, under his hand and seal, warrants, 
directed to a constable, police officer, or warden, 
requiring such person or persons to be arrested and 
brought before such justice of the peace, alderman, 
or magistrate, who shall hear and determine the Hearing, 
guilt or innocence of the person or persons so chargedj 
and, if convicted, such justice of the peace, alder- 
man, or magistrate, shall sentence the person or 
persons so convicted, severally, to pay the fine or Penalty, 
fines, penalty, or penalties, provided in this act foF 



186 GAME, FISH AND FORESTRY LAWS. 

such violation or violations, together with the costs 
of suit; and such fines and penalties shall be appro- 
printed as provided in section sixteen of this act. 

Section 19. That the following acts and parts of 
acts intended to be supplied by this act, be and the 
same are hereby repealed: — 
Repeal*. "An act to classify the species of fish in such parts 

of boundary lakes, of more than five thousand acres, 
as this Commonwealth has jurisdiction over, and in 
waters of any peninsula, or in any bay adjacent to 
or connected with such lakes; to declare which fish 
are game fish, which fish are food-fish, minor food- 
fish, and minnows or bait-fish; to protect and provide 
for maintenance and increase of fish in such lakes; 
to regulate and provide for the payment of license 
fees for the catching of fish from such boundary lakes; 
and to provide penalties and punishments for any 
violation of any of the provisions of this act, and to 
repeal all acts inconsistent herewith," approved the 
twenty-second day of April, Anno Domini one thou- 
sand nine hundred and five. "An act to classify the 
species of fish in such parts of boundary lakes, of 
more than five thousand acres, as this Commonwealth 
has jurisdiction over, and in the waters of any penin- 
sula or in any bay adjacent to or connected with such 
lakes: to declare which fish are game fish, whieh fish 
are food-fish, and which are minnows or bait-fish; 
to protect and provide for the maintenance and in- 
crease of fish in such lakes; to regulate and provide 
for the payment of license fees for the catching of 
fish from such boundary lakes; and prohibit the un- 
authorized taking of fish from devices used by author- 
ity of such licenses; to provide penalties and punish- 
ments for the violation of any of the provisions of 
this act ; and requiring the county wherein an ofTense 
is charged to pay costs of prosecution in certain in- 
stances; and repealing all acts inconsistent herewith," 
approved April fourth, one thousand nine hundred and 
seven . 

And, in addition to the above, all acts or parts of 
acts inconsistent with the provisions of this act, are 
hereby repealed. 

Approved— The 18th day of April. A. D. 1913. 

JOHN K. TENER. 



GAME, FISH AND FORESTRY LAWS 



187 



A JOINT RESOLUTION 



lif an adequate fish way 
mcp.ss the Susquehanna 



Requiring the construction 
in flu- dam constructed < 
River bv the McCuI1'h Kerry Power Company, now 
* Vnnsvlv:mia Water and Power Company at 
McCill's l : Vrrv: providing how. and when, and by 
whon such fish-way shall he construct;,, and pro- 
viding pcnalrios for' failure to comply with the terms 
of this resolution. 

Whereas The MeCall's Ferry IWer Company, now 
known as lVnnsylvania Water Power Company, has 
heretofore erected a dam across the river Susque- 
hiiifiia at McCall's Ferry: and , . 

Whereas In the decree of court authorizing the con- 
struction <if said dam, the construction and mamte- 
Smce thereof was subject to the making and main- 
taining hy said company of adequate provision for 
the n:>ssasre of Hsh : and . a . 

Whereas The said company, in wanton and flagrant 
Violation and disregard of said decree, his hitherto 
refused .and neglected to comply therewith and has 
wiifullv refused nnd neglected to make adequate pro- 
vision for the passage of fish, as aforesaid: and 

Whereas Inasmuch as said company has acted in 
flagrant contempt of the laws of this Commonwealth 
and of <aid decree, the powers and privilege* vested 
in SMid comn-Miv should be revoked nnd the eomnnny 
m-d" to v-li'/e that it cannot with imnuuity «« in 
wilful disregard of the rights of the citizens of Penn- 

S " Section l^Pe'it'rTsolved. ftc.. That the Fish Com- 
missioner is hereby authorized to examine the darn 
erected across the Susquehanna River, at MK.alls 
Ferrv bv the McCallv's Ferry P«wer Company, now 
the p.mnsvlvMuia Water and Power Company and 
to ascertain whether said company has complied with 
the decree of the court of common pKas of Dauphin 
Countv made on, to wit, the fourteenth day of .Tan- 
uarv.'one thousand nine hundred and seven, as ot 
record at number four hundred sixty-two, Common- 



Act April 22, 
1913, P. L. 
112. 



rreamble. 



Dam at 
MeCall's 
Ferry. 



Examina- 
tion. 



188 



GAME, FISH AND FORESTRY LAWS 



Fishway. 



Authority of 
the Commis- 
sioner. 



Cost. 



Writ of quo 
warranto. 



wealth docket one thousand nine hundred six, and 
to ascertain whether adequate provision has been made 
for the passage of fish. If the Fish Commissioner 
shall ascertain that adequate provision for the passage 
of fish has not been made, he shall, in writing, notify 
the said company to begin not later than June first, 
one thousand nine hundred and thirteen, and complete 
not later than November first, one thousand nine hun- 
dred and thirteen, the construction of a fish-way that 
will thereafter secure adequate provision for the pas- 
sage of fish up and down said river. If said com- 
pany shall not, after the expiration of one week 
from service of said notice on any official of the com- 
pany, begin such work, and prosecute it continuously 
to completion within the said limit of time, and in 
accordance with plans heretofore or hereafter prepared 
by the Fish Commissioner, then said Fish Commis- 
sioner is hereby authorized to cause said work to be 
done in accordance with said plans, and at the cost 
of the said company. If the work be done by the 
Fish Commissioner, he is hereby authorized to collect, 
in the name of this Commonwealth, the cost thereof, 
with a penalty of fifty per centum additional, to be 
collected as debts of like amount are now by law col- 
lected. The surplus, after payment for said work, 
shall be paid into the treasury of this Commonwealth. 
Furthermore, if the said company shall not begin said 
work as aforesaid, the Fish Commissioner shall lay 
the matter before the Attorney General, who shall 
forthwith, by quo warranto, proceed to have the 
powers and privileges heretofore vested in said com- 
pany revoked 
Approved— The 22d day of April, A. D. 1913. 

JOHN K. TENER. 



GAME, FISH AND FORESTRY LAWS, 



AN ACT 

To give additional protection to the fish in the waters 
within the Commonwealth of Pennsylvania; pro- 
hibiting the fishing for, or capture or killing of, such 
fish by unnaturalized foreign-born residents ; and 
prescribing penalties for violation of its provisions. 

Section 1. Be it enacted, etc., That from and after 
the passage of this act, it shall be unlawful for any 
unnaturalized foreign-born resident to go fishing for, 
or capture or kill, in this Commonwealth, any fish 
of any description. Each and every person violating 
any provisions of this section shall, upon conviction 
thereof, be sentenced to pay a penalty of twenty dol- 
lars for each offense, or undergo imprisonment in 
the common jail of the county for the period of one 
day for each dollar of penalty imposed. 

Section 2. For the purpose of this act. any unnat- 
uralized foreign-born person who shall reside or 
live within the boundaries of the Commonwealth of 
Pennsylvania for ten consecutive days, shall be con- 
sidered a resident, and shall be liable to the penalties 
imposed for violation of the provisions of this act. 

Section 3. From and after the passage of this act, 
any justice of the peace, alderman, or magistrate, 
upon information or complaint made to him by affi- 
davit of one or more persons, charging any person 
or persons with having violated the provisions of this 
act, is hereby authorized and required to issue his 
warrant, under his hand and seal, directed to any 
constable, peace officer, or warden, and cause such 
person or persons to be arrested and brought before 
such justice, alderman, or magistrate, who shall hear 
and determine the guilt or innonence of the person or 
persons so charged; and, if convicted of such charge, 
shall be sentenced by said justice, alderman, or magis- 
trate, severally, to pay the fine or fines, penalty or 
penalties, provided in this act for such violations, 
together with the costs of suit. The whole of said 
fine shall be paid over forthwith to the treasurer of the 
county in which the prosecution was brought, and 
said county treasurer shall pay over the same forthwith 
to the Commissioner of Fisheries, for the benefit of 



Act of April 
21, 1915. P. 
L. 16». 



Fishing by 

unnaturalized 

foreign-born 

resident, 

prohibited. 



Resident 
defined. 



Affidavit. 



Warrant. 



Hearing. 



190 



GAME, FISH AND FORESTRY LAWS. 



Proviso. the Commonwealth: Provided, That, in case the 

defendant or defendants shall neglect to pay at once 
Non-payment tf, e fine or fines so imposed, said defendant or de- 
fendants shall forthwith ho sentenced to undergo im- 
prisonment in the connty jail of the county where snch 
conviction takes place, for the period of one flay for 
each dollar of fine so imposed and unpaid, unless the 
defendant or defendants, upon conviction, shall give 
Notice of notice of intention to appeal : when such defendant 
appeal. or defendants shall he permitted to enter into good 

and sufficient recognizance to appear hefore such jus- 
tice, alderman, or magistrate, on or hefore the ex- 
piration of five days, if such appeal is not taken by 
them, or on the final determination of such appeal 
if it he not sustained, for execution of sentence: 
Proviso. Provided also, That all actions for any violation of 

any of the provisions of this act must be taken within 
one year from the time the offense was committed ; 
and. when necessary to properly conduct any case 
before any alderman, justice of the peace, magistrate, 
or any court, the Commissioner of Fisheries is au- 
thorized to employ legal counsel. 

Section 4. From and after the passage of this act, 
any fish commissioner, fish warden, deputy-warden, 
sheriff, deputy sheri'T, constable, or any special 
f officer, or any pe;iee ofhYor in thte Commo^w^lth, 
is hereby authorized and commanded to forthwith ap- 
prehend and arrest any person or persons who may 
be guilty of violating the provisions of this nof. ^nd 
take such person or persons before any justice of the 
peace, alderman, or magistrate, and thereupon make 
charge of snch violation of this act: and the justice 
of the peace, alderman, or magistrate shall forth- 
with hear hud determine the oh a rare, as provided in 
section three of this net; and, in case any fish com- 
missioner, fish-warden, or any officer named above, 
fails to pr<wo his case, and the defendant or defend- 
jinfs -tre discharged; or, in case the defendant or 
defendants are convicted, and are sent to jail in lieu 
of the tcivncnt ,r "no or finos. pntv't-y or non-ilties, 
the county in which the case is heard shall pay the 
costs. Such arrests may also !>p made on Snnd v. in 
which cpsp the person or persons, so arrested, for 
safe-keepinsr may be committed to fhp inil or lo-^k up 
for tnat day: but shall be taken before the proper 
mn"-istra^e a no* proceeded against on a week-day fol- 
lowing the arrest. 



Counsel. 
Arrests. 



Authority 
officers. 



Charge. 



Hearing. 



Costs. 

Sunday 
arrests. 



GAME. FISH AND FORESTRY LAWS. 



191 



Section 5 All acts or parts of acts inconsistent Repeal, 
ith this act are repealed. 
Approved— The 21st d;iv of April, A I). 191.5. 

MARTIN G. BRUMBAUGH. 



AN ACT 

To triv.- protection, and to regulate the catching or Act of May 
Uthinis <>r having in piiaaeaMion, within this Common- l' 32^ 7 ' P " 
we.ilth '>f any hullfrogs, tadpoles, and terrapin; 
ari<l providing penalties and punishments for viola- 
ti-'ii of any of the provisions of this ;ict, and the 
Biitniier of proceeding to enforce compliance there- 
with: find providing for the disposition of the pen- 
alties and fines recovered aiid received : and how, 
am' by whom, the costs in such cases shall be paid. 

Seetion 1 Re it enacted. &C.\ That from and after 
the pjissasre of this act it shall be unlawful f'»r any 
person to catch, t.ike, or kill any bullfrogs or tad pal eg, 
fr<«ui the first day of November t<> the first day of .Inly, 
both dates inclusive, and terrapin 5 ,* from the fifteenth 
da,\ .if Miirch to the first day of November, both, dnres 
inclusive, in eacih year, in ;iny of tin- writers within 
this Cniiiiuonwealth or jn the boundary waters thereof. 

Section 2 Fviin ;md ,-ifter the passage of this act 
it shall l»e unlawful for any prrson to eateh, kill, or 
have in possession in any one day more rhan twenty- 
five b'll'froiis, or more than fifty in any one S**aw»n. 
Any person violating any of the provisions of this sec- 
tion shall, on convietion as provided in seetion eiirht 
of this act, he subject to a penalty of ten dollars for 
each and pvery frog so taken, caught, or had in pos- 
session 

Section 3 Prom and nfter the passage of thi* act 
it shall he unlawful for any one person to catch, fake, 
or kill uvre rhan twenty five tadpoles in any one day, 
or have mo'-e than twenty-five tadpoles in possesion 
at any one time. Any person violating any of the pro- 
visions of this section shall, on convietion as provided 
in seetion eiirfit of this nrt . he subjeet to n pen. a It v of 
ten dollars for each and every tadpole so taken, 
caueht. or had in possession 

Seetion 4. From and after the passage of this act 
it shall be unlawful for any one person to catch, fake, 
or kill more than five terrapin in nny one day, or more 

•Fnder an opinion of the Attorney General the snapping 
turtle is not classed as terrapin. 



Bullfrogs, 
tadpoles and 
terrapin. 



Close season. 



T T nl awful 
on tch of 

bullfrogs. 



Penalty. 



Pnlawful 
catch of 
tadpoles. 



Penalty. 

Fn lawful 
ea teh of 
terrapin. 



192 



GAME, FISH AND FORESTRY LAWS. 



Penalty. 

Use of light 
in catching 
bullfrogs. 

Penalty. 



Sections of 
act indepen- 
dent of each 
other. 



Seizure of 
devices used 
by violators. 



Arrests au- 
thorized. 



Hearing hj 
magistrate. 



bounty to 
pay costs if 
case falls. 



Payment of 

C«9tS. 



Arrests on 
Sunday. 



than fifty in any one season. Any person violating 
any of the provisions of this act shall, on conviction as 
provided in section eight of this act, be subject to a 
penalty of ten dollars for each and every terrapin so 
taken, caught, or had in possession. 

Section 5. From and after the passage of this act 
it shall be unlawful to catch, take, or kill any bull- 
frogs by the use of a light at night. Any person viola- 
ting any of the provisions of this section shall, on con- 
viction thereof as provided in section eight of this act, 
be subject to a penalty of twenty-five dollars. 

Section 6. The several sections of this act are to 
be deemed independent of each other, in the event 
of any section hereof being declared unconstitutional, 
it is hereby declared as the intention of the Legisla- 
ture that such section may be eliminated therefrom 
without affecting any other portion of this act. 

Section 7. That from and after the passage of this 
act any fish commissioner, fish-warden, special fish- 
warden, sheriff, deputy sheriff, constable, or any spe- 
cial officer, or any peace officer of this Commonwealth, 
is hereby authorized and commanded to forthwith seize 
any net, nets, or devict whatever that may be used 
in any violation of any of the provisions of this act, 
and turn the same over to the Department of Fish- 
eries ; and they are hereby authorized and commanded 
to forthwith apprehend and arrest any person or per- 
sons who may be guilty of violating any of the pro- 
visions of this act, and take him or them before any 
justice of the peace, magistrate, or other legally con- 
stituted authority, and thereupon make charge of 
such violation of the law, or of any of the provisions 
thereof; and the magistrate shall forthwith hear and 
determine the charge, as provided in this act; and in 
case any fish commissioner, fish-warden, or other of- 
ficer named above fails to prove his case, and the de- 
fendant or defendants are discharged, the county shall 
pay the costs ; and in case the defendant or defend- 
ants are convicted, and are sent to jail in lieu of 
the payment of the fine or fines, penalty or penal- 
ties, the county in which the case is heard shall pay 
the costs, without, however, relieving any defendant 
or defendants sentenced to pay the same. Such ar- 
rests may also be made on Sunday, in which case 
the person or persons shall be taken before the proper 
officer and proceeded against on a week day following 
the arrest. All fines, penalty or penalties, paid t» 
any justice of the peace, alden»a«, or magistrate, 



GAME, FISH AND FOKESTKY LAWS 



193 



shall forthwith be paid over by him to the Commis- 
sioner of Fisheries, and by him deposited into the 
State Treasurer, where it shall be kept as part of a 
fund separate and apart, to be used solely under 
the direction of the Department of Fisheries," for the 
purpose of defraying any of the necessary expenses in- 
curred in the purpose of fish propagation and protec- 
tion. All boats, and nets, or devices, forfeited to the 
Department of Fisheries shall be sold, and the moneys 
received therefrom by the department shall be paid 
into the State Treasury, where it shall be kept as 
part of a fund separate and apart, to be used solely 
under the direction of the Department of Fisheries 
for the purpose of defraying any of the necessary ex- 
penses incurred in the purpose of fish propagation and 
protection. All illegal devices not preserved for ex- 
hibition purposes are to be destroyed, under the direc- 
tion of the Commissioner of Fisheries. 

Section 8. That any justice of the peace, alderman, 
or magistrate, upon information or complaint made 
to him by affidavit of one or more persons, charging 
any person or persons with having violated any of the 
provisions of this act, or any! of the rules and regula- 
tions adopted and promulgated by the Commissioner 
of Fisheries pursuant to this act, is hereby authorized 
and required to issue his warrant, under his hand and 
seal, directed to any constable, peace officer, or war- 
den, and cause such person or persons to be arrested 
and brought before such justice, alderman, or magis- 
trate, who shall hear and determine the guilt or inno- 
cence of the person or persons so charged : and if con- 
victed upon such charge, shall be sentenced by said 
justice, ald°rman, or magistrate, severally, to pay 
the fine or fines, penalty or penalties, provided in this 
act for such violations, together with the cost of suit. 
The whole of said fine shall be paid over forthwith to 
the Commissioner of Fisheries, who shall deposit the 
I same into the State Treasury, where it shall be kent 
as part of a fund separate and apart, to be used solely 
under the direction of the Department of Fisheries for 
the purnose of defraying anv of the necessary expenses 
'incurred in the purpose of fish propagation and protec- 
tion: Provided. That in case the defendant or defend- 
i ants sMll nnojppt to pay at once the fine or fines so 
imposed, said defendant or defendants shall forthwith 
' be sentenced to undergo imprisonment, in the county 

13 



Fines, etc., 

go to State 
Treu-sury. 

To be sepa- 
rate fund for 
Propagation. 

Parapher- 
nalia to he 

•sold. 



Illegal de- 
vices to be 
destroyed 



Issuance of 
warrant. 



*»»»e paid to 
Commissioner 
ot Fisheries. 



Proviso. 



m GAME, FISH AND FORESTRY LAWS. 

jail of the county. where such conviction takes place, 
for a period of one day for each dollar of fine so im- 
posed and unpaid, unless the defendant or defendants, 
upon conviction, shall give notice of intention to ap- 
peal, when such defendant or defendants shall be per- 
mitted to enter into good and sufficient recognizance 
to appear before such justice, alderman, or magistrate 
on or before the expiration of five days if such appeal 
is not taken by them, or on the final determination of 
such appeal if it be not sustained for execution of 
Proviso. sentence: Provided also. That all actions for any viola- 

tion of any of the provisions of this act must be taken 
within one year from the time the offense was com- 
mitted : and, when necessary to properly conduct any 
case before any alderman, justice of the peace, magis- 
trate, or any court, the Commissioner of Fisheries is 
authorized to employ legal counsel. 
Approved— The 29th day of May, A. D. 1917. 

MARTIN G. BRUMBAUGH. 



GAME, FISH AND FORESTRY LAWS 



195 



'Game fish' 
defined. 



AN ACT 

Act of July 

Tp revise, amend, and consolidate the law relating 28th, 1917, P 
to fish, and providing penalties. L - — 

Section 1. Be it enacted, etc., That:— 

ARTICLE I. 

Short Title and Definitions. 

Section 2. This act shall be known and may be Fish Law 6 f 
cited as The Fish Law of one thousand nine hundred 1M7. 
and seventeen. 

Section 3. The term "person," except where the "Person" rj e - 
context otherwise -indicates, means a person, firm, as- fined, 
sociation, or corporation. Singular number includes 
the plural. Masculine gender includes the feminine. 

Sectiou 4. The term ''game-fish," as used iu this 
act, means the following fish: Charr, commonly called 
brook trout ; all species of trout and of the salmon 
family: blue pike: pike-perch, otherwise known as 
Susquehanna salmon, or wall-eyed pike; pickerel; 
western pike ; muscallonge ; fall fish ; small mouth 
bass, otherwise called black bass; large mouth bass, 
otherwise called Oswego, green, or yellow bass; crap- 
pie, grass, strawberry, or calico bass, white bass: 
rock-bass, otherwise known as redeye, or goggle-eye; 
and all other species or varieties of fresh-water fish. 
called or commonly known as bass, except striped 
bass, or rock-fish. 

Section 5. The term "bait-fish," as used in this act, "Bait fish" 
means the following fish: All forms of minnows, all defined, 
forms of killifishes, and stone catfish. 

Section 6. The term "food-fish," as used in this "Food fish" 
act, means all species or varieties of fish whatsoever, defin ed. 
in the waters within this Commonwealth, not "game- 
fish" or "bait-fish." 

.ARTICLE II. 

Sunday Fishing Prohibited. 

Section 10. It is unlawful to fish for any species 
of fish, or with anv device, on the first day of the Sunday fish- 
week, commonly called Sunday. Any person violating g n,€ * al - 
any of the provisions of this seotion shall, on convic- 
tion, as provided in Article thirteen of this act, be penni^ 
subject to a penalty of twenty-five dollars. »««7. 



196 



GAME, FISH AND FORESTRY LAWS 



ARTICLE III. 



<Jlosed sea- 
sons. 



Charr or 
trout. 



Lake trout. 
Bass. ' 



Pike-perch, 
•or Susque- 
hanna sal- 
mon. 

Pickerel. 



Muscallong* 

or western 
pike. 

Yellow 
perch. 

Illegal pos- 
session. 



Penalty. 



Leefl pos- 
session. 



Return of 
fish vmim'nr- 
(.i to water 
when caught 
contrary to 
law. 



Closed Season. 

Section 15. The following closed seasons are hereby, 
established: for — 

(a) Charr, commonly called brook trout, or any 
species of trout except lake or salmon trout, from the 
first day of August to the fourteenth day of April next 
following, both dates inclusive ; 

(b) Lake trout or salmon trout, from the thirtieth 
day of September to the thirtieth day of June next 
following, both dates inclusive: 

(c) Small and large mouth bass, rock-bass, white 
bass, crappie, strawberry, or calico bass, from the 
thirty-first day of December to the thirtieth day of 
June next following, both dates inclusive; 

(d) Pike perch, otherwise called wall eyed pike or 
Susquehanna salmon, from the thirty-first day of De- 
cember to the thirtieth day of June next following, 
both dat^s inclusive ; 

(e) Pickerel from the thirty-first day of December 
to the thirtieth day of June next following, both dates 
inclusive ; 

(f) Muscallonge or western pike, from the thirty- 
first day of December to the thirtieth day of June next 
following, both dates inclusive: 

(g) Yellow perch, from the thirty-first day of De- 
cember to the thirtieth day of June next following, 
both dates inclusive. 

Section 16. No person shall have in his possession, 
except as in this Article otherwise provided, any of 
the fish enumerated in section fifteen of this act dur- 
ing the closed season respectively provided for. Any 
person violating the provisions of this section is guilty 
of a misdemeanor, and, on conviction as provided in 
Article thirteen of this act, shall be sentenced to pay 
a fine of ten dollars for each fish so taken, caught, or 
had in possession. 

Section 17. Charr. commonly called brook trout, or 
any species of trout, except lake tro*ut, and large or 
small mouth bnss. on ugh t during the lawful season re- 
spectively provided therefor, may be kept in possession 
six davs after t^e expiration of such season. 

Section 18 The provisions of section sixteen of 
this act do not anply to a person who, having caught 
any fish during the elos'd season respectively provided 
therefor, immediately /eturns such fish, in the con- 



GAME, FISH AND FORESTRY LAWS 



197 



dition in which it was captured, to the water from 
which it was taken. 

Section 19. The provisions of this article do not 
apply to fish artificially, propagated under the authority 
of Article eight of this act. 

ARTICLE IV. 

Size of Fish That May Be Caught. 

Section 2o No person shall hav* in possession, ex 
cept as in this article otherwise provided, any: — 

(a) Chnrr, commonly callod brook trout, or any 
species of trout, except lake trout, less than six- 
inches in length ; 

(b) White bass, rock bass: crappie, strawberry, or 
calioo b'^ss, loss than six inches in length; 

(c) Black bass, or smnll month hnss. la^e m^nth 
bass, otherwise called Oswego, green, or yellow bass, 
less th^n nino inches in length : 

(d) Pike perch, otherwise called wall-eyed pike, or 
Suso^ehanna salmon, less than twelve inches in 
length : 

Ce) Piokorol, less than twelve inches in length: 

(t) Muscallonare or "western-pike, less than twenty 
four in^h^s in length ; 

Car) Yellow p n roh, loss thnn six inrhes in length. 

Soction 26. Any person violating the provisions of 
section twenty-five of this act is guilty of a misde- 
meanor, and. on conviction as provided in Article 
thirteen of this act, shnll be sont^noed to pay a fine 
of ten dollars for each fish so taken or had in pos 
session. 

Section 27. The provisions 
and twentv-six of this act do 
who. having oinsrht any fish 
spectivply permitted, returns 
dition in which it was caught to the water from which 
it wns tnk'm. 

Sootion 28. TV provisions of this Article do not 
apply to fish nrtifieinllv nmni<r n ted under the author 
ity of Article eight of this act. 



of sections twenty-fivo 
not anply to a person 
less th'-in tho size re 
such fish in the con- 



Fish artifi- 
cinlly pro- 
pagated. 



Size of 
fish. 

Charr or 

trout. 

Wlii to has* 
rook bass, 
crappie. etc. 
Blaefi hass. 



Fike-poreh. 
or Susque- 
hanna sal- 
mon. 
Pickerel. 
Muscalloni:< 



yellow 

perch. 



Violation. 
Penalty. 



Return of 
fish to 
water unin- 
jured. 



Fish arti- 
ficially pro- 
pagated. 



198 



GAME, FISH AND FORESTRY LAWS. 



Number of 
fish that 
may be 
taken. 

Oharr or 
trout. 

White bass, 
rock bass, 
etc. 

Black bass. 
Pike perch 
or Susque- 
hanna sal- 
mon. 
Pickerel. 
Muscallonge. 
Yellow 
perch. 
Sunflsh. 

Violation. 
Penalty. 



Computation 
of number. 



Fish artifi- 
cially propa- 
gated. 



Fishing de- 
vires. 



Harae fi«h. 
Food fish. 



ARTICLE V. 
Number of Fish Which May Be Caught. 

Section 35. No person, except as in this Article 
otherwise provided, shall, in any one day, catch, kill, 
or have in possession more than the number of fish 
hereby designated for the respectives species; that is 
to say,— 

(a) Charr, or trout, of the combined species, 
twenty-five ; 

(b) White bass, rock bass, crappie, strawberry, or 
calico bass , twenty-five ; 

(c) Small or large mouth bass, twelve; 

(d) Pike-perch, otherwise called wall-eyed pike, or 
Susquehanna salmon, twenty-five; 

(e) Pickerel, twenty-five; 

(f) Muscallonge or western pike, four ; 

(g) Yellow perch, fifty; 
(h) Sunfish, fifty. 

Section 36. Any person violating the provisions of 
Section thirty-five of this act shall, on conviction as 
provided in Article thirteen of this act, be sentenced 
to pay a fine of ten dollars for each fish taken , caught , 
or had in possession, over the number respectively al- 
lowed by this act. 

Section 37. In computing the number of fish taken, 
caught, or had in possession, the number of fish re- 
turned, in the condition in which they were caught, 
to the waters from which they were taken, shall be 
omitted . 

Section 38. The provisions of this Article do not 
apply to fish artificially propagated under the author- 
ity of Article eight of this act. 

ARTICLE VI. 

Fishing Devices. 

Section 45. No person shall use any device, means 
or method whatsoever, except as in this article other- 
wise^ provided, for taking fish from the waters 
within this Commonwealth, except the following: that 
is to say, for— 

(a) Game-fish, a single rod and line, or one hand- 
ling with not more than three hooks attached : 

(b) Food-fish, rods and lines, or one bnndlinp with 
not more than three hooks attached! The rods and 
line«5 find the handline must be under the immediate 
control of the person using the same ; 



GAME, FISH AND FORESTRY LAWS. 



100 



(c.) Bait-fish, rods, hooks and lines, with not more 
than three hooks attached to each line ; a dip net or 
minnow seine, not over four feet in diameter; a min- 
now trap, with not more than one opening, which shall 
not exceed one inch in diameter. The rods, hooks, and 
lines must be under the immediate control of the 
person using the same. 

Section 46. Any person violating the provisions of 
section forty-five of this act is guilty of a misde- 
meanor, and, on conviction as provided in Article 
thirteen, shall be sentenced to pay a fine of twenty 
dollars, and shall forfeit to the Department of Fish- 
eries all devices unlawfully used. 

Section 47. The provisions of this Article do not 
prohibit the use of a gaff or landing-net, to assist in 
landing fish already caught by a lawful device. 

Section 48. The provisions of this Article do not 
apply to fish artificially propagated under the author- 
ity of Article eight of this act. 

Section 49. The provisions of this Article do not 
apply to fish caught by a seine or net for which a 
license is obtained under the provisions of Article 
seven of this act. 



Bait 



Violation. 
Penalty. 



Legal use of 
gaff or land- 
ing net. 

Fish artifi- 
cially propa- 
gated. 

Fish taken 
by seine. 



ARTICLE VII. 

Seine Licenses. 



Fee. 



Seine, dip- 
net, hold-in 
net. etc. 



Section 55. The Department of Fisheries is author- seine license, 
ized to issue a "Seine License," upon a written ap- 
plication therefor signed by the applicant, and upon 
the payment to said Department of the sum of two 
dollars . 

Section 56. No seine or net shall be licensed for use 
except a haul seine, # sometimes called a shore seine; 
a dip-net, or a hold-in net, sometimes called a moon- 
rake, with a diameter of not more than three feet 
at the widest point and a length not more than seven 
feet from the heel of the bow, being the point of 
jointure of the sides of the bow at the handle. The si»» # f 
meshes of any of the above enumerated seines or nets mesh, 
shall not be less than two and one-half inches stretched 
fishing measure, or one and one-quarter inches from 
knot to knot, while being fished. 

Section 57. The license certificate shall be Dre- 
pared by the Department of Fisheries, and shall show Form an<* 
the date of issue, the name and place of residence of «»♦«■** •' 
the licensee, and tr.p name and number of the seine 1}CMlse - 
or net licensed. The certificate may contain such 



200 



GAME, FISH AND FORESTRY LAWS. 



Expiration of 
license. 



Display of 
license. 



Kinds of fish 
that may be 
taken under 
license. 

Period when 
use of li- 
cense is per- 
mitted. 

Waters 
wherein li T 
censed seine 
or net may 
be used. 

Illegal use 
of seine or 
net. 



Taking of 
fish other 
than those 
permitted, 
illegal. 

No violation 
when fish fre 
immediately 
returned un- 
injured. 

TTse of un- 
licensed seine 
or net un- 
lawful. 



other matters as the Department of Fisheries may de- 
termine. All seine licenses shall expire on the 
twenty-first day of June next following the date of 
issue. Such certificate shall be shown by the licensee 
to any fish- warden, constable, or other person au- 
thorized to make arrests for violation of any pro- 
visions of the laws of this Commonwealth relating to 
fish. 

Section 58. A "Seine License" issued under £his 
article authorb.es the licensee to fish, with the li- 
censed seine or net, for shad, herring, or alewife, 
catfish, suckers, eels, and carp, from the first day 
of March to the twentieth day of June of the same 
year, in the waters of the Susquehanna River, from 
McCall's I 1 erry dam to the Maryland State line, or 
within the limits of the tide water of any tidal waters 
of this Commonwealth, and in no other waters of this 
Commonwealth whatsoever . 

Section 59. No person shall fish with a seine or net 
in any waters of this Commonwealth, except the Sus- 
quehanna River from McCall's Ferry dam to the 
Maryland State line, or within the limits of the tidal 
waters of a tidal stream. No person shall fish with 
a seine or net in the Susquehanna River from Mc- 
Call's Ferry dam to the Maryland State line, or 
within the limits of the tidal waters of a tidal stream 
of this Commonwealth, except from the first day of 
March to the twentieth day of June. No person 
shall, from the first day of March to the twentieth 
day of June, fish with a seine or net in the waters of 
the Susquehanna River from McCall's Ferry dam to 
the Maryland State line, or within the limits of the 
tidal waters of any tidal stream of this Commnn- 
wnlH), for nny fish other than shad, herring, or 
alewife, catfish, suckers, eels, and carp. A person 
who catches in a licensed seine, during the license 
period, fish other than those enumerated in the pre- 
ceding paragraph, shall not be guilty of violating the 
provisions of said paragraph if he immedmtel.v returns 
such fish, so taken, to the waters from which taken 
and in the condition in which captured. No person 
shall, from the first day of March to the twentieth day 
of June, fish in the waters of the Susouehanna River 
from M^Cal^s Ferrv d^m to the Maryland State line, 
or within the limits of the tidal waters of any tidal 
stream of this Commonwealth, with a seine or net 
other than a licensed net or seine. 



GAME, FISH AND FORESTRY LAWS. 



201 



Section GO No person shall remove fish from any 
licensed seine or net without the consent of the owner 
thereof, except that any person may return to the 
water any fish not authorized to be taken by such 
device. 

Section 61. Any person violating any provisions of 
this article except, as herein otherwise provided, is 
guilty of a misdemeanor, and. on conviction in the 
manner provided in Article XIII of this set, shall 
be sentenced to pay a fine of one hundred dollars, and 
shall forfeit to the D^partmen f of Fisheries all nets, 
seines, boats, or appliances unlawfully used. 

Section 62 Th* provisions of tbi< Article do not 
apply to fish artificially propagated under the au- 
thority of Article VIII of this act. 



Unlawful re- 
moval of tish 
from licensed 
seine or net. 



Violations. 
Penalty. 



Forfeiture of 
appliances. 



Fish artifi- 
cially propa- 
gated. 



ARTICLE VIII. 

Artificial Propagation Licenses. 

Section 70. The Department of Fisheries is author- 
ized to issue an "Artiiieial Propagation License." 
upon a written application therefor, signed by the 
applicant, and upon the payment to such Depart- 
ment of the sum of ten dollars. 

Section 71. Applications shall be made on blanks 
prepared by the Department of Fisheries, and shall 
show the size, character, and purpose of the propaga- 
tion plant, and such other matters as the Depart- 
ment may require. All licenses issued under this 
article shall expire on the first day of January next 
following the date of issue. 

Section 72. No dams, ponds, or other devices which 
will prevent the free migration of iish shall be erected 
or placed by a person licenser] under this article, in 
any stream flowing over his property. No person sh-dl 
use the ponds so licensed for any purpose than for 
commercial fish purposes. 

Section 73. The license issued by this article auth- 
orizes the licensee to carry on the business of propa- 
gation and sale of all species of game, food, and bait 
fish, or the eggs thereof, daring the year for which 
the license is issued. The licence 'authorizes the 
licensee to catch and kill game,, food, or bait fish 
from the licensed ponds, in any manner whatsoever, 
except with explosives or poisonous substances. The 
license further authorizes the licensee to sell or dis- 
pose of in any manner whatsoever, game, food, or 
bait fish, or the eggs thereof, at any time of the 



Artificial 

propagation 

license. 

Fee. 

Application. 



Expiration 

of license. 



Illegal ob- 
structions. 



licensee's 
authority. 



TriksporOt 
tion. 



202 



GAME, FISH AND FORESTRY LAWS 



Illegal tak- 
ing of fish. 



Invoice of 



Display of 
invoice. 

Sale per- 
mitted for 
six days 
after date of 



Report of 
licensee. 



Inspection 
of property 
and records. 



Illegal use 
of fish for 
stocking. 



Lawful ex- 
change of 
fish. 



Lawful kill- 
ing of do- 
mestic fowls. 

Lawful kill- 
ing of wild 
birds and 
animals. 



year; and it authorizes express and railroad companies 
to receive and transport the same. 

Section 74. The license issued under this Article 
does not authorize the catching of fish out of any 
stream flowing over the property of the licensee, ex- 
cept the Susquehanna River from McCall's Ferry 
dam to the Maryland State line, and the tidal waters 
of any tidal stream in this Commonwealth. 

Section 75. A person selling fish under the license 
provided by this Article shall furnish the purchaser 
with a certificate or invoice of the sale, bearing the 
date of sale, the number of the license under which 
sold, the number of fish and number of pounds sold. 
The certificate or invoice must be shown by the holder, 
on demand of any fish-warden, clerk of the market, 
constable, or any person authorized to make arrests 
for violation of the laws of this Commonwealth relat- 
ing to fish. The certificate or invoice shall authorize 
the sale of the fish so purchased for a period of six 
days after its date of issue. 

Section 76. A person holding an artificial propaga- 
tion license under this article shall annually, on the 
first day of December, file with the Department of 
Fisheries a written statement, duly sworn to, show- 
ing the number, value, and number of pounds of 
game, food, or bait fish, or the eggs thereof, sold 
or disposed of during the year. The books and prop- 
erty of the persons licensed under this Article shall be 
open to the Department of Fisheries or its agents for 
inspection at all reasonable times. 

Section 77. No person licensed under this Article 
shall in any manner stock or maintain their estab- 
lishments with any species of game-fish, food-fish, or 
bait-fish, or eggs thereof, taken from any waters 
within this Commonwealth not owned, occupied, or 
controlled by them. This section does not prohibit 
the exchange of fish eggs or the fry of any species 
of game, food, or bait fish, with the Department of 
Fisheries. 

Section 78. A license issued under this Article 
authorizes the licensee or his agent to kill, after five 
days' notice to their owner, if known, any domestic 
bird or fowl trespassing on the waters or lands con- 
trolled, used, or occupied entirely for the artificial 
propagation of fish. Such license also authorizes the 
licensee or his agent to kill any wild birds or wild 
animals destructive to fish life whenever found on 
such waters or lands. 



GAME, FISH AND FORESTRY LAWS 



Section 79. No person shall Artificially propagate 
game, food, or bait fish, without first procuring the li- 
cense provided by this Article. No person receiving a 
license as provided by this Article shall operate a 
propagating plant different from that designated in .;,•• 
license. No person operating a propagating plant, 
for which a license has been issued for the operation 
of such plant, shall catch fish out of any stream flow- 
ing over the property of the licensee. 

Section 80. No person shall fish, or trespass with 
intent to fish, in or upon any waters, or bed or banks 
of any waters, or any banks, owned, controlled, or 
occupied by persons licensed by this article. No per- 
son shall wilfully or maliciously destroy, or damage, 
any ponds, property or appliances whatever of a 
propagating plant licensed under this Article. No 
person shall interfere, or obstruct, pollute, or di- 
minish, the natural flow of water into or through, a 
propagating plant licensed under this Article. 

Section 81. Any person violating any provision of 
this Article is guilty of a misdemeanor, and shall, 
on conviction, in the manner provided by Article thir- 
teen of this act, be sentenced to pay a fine of one 
hundred dollars. 



Illegal pio- 
pnjration of 
fish. 



Unlawful 

trospns*. 

Unlawful de- 
struction of 
propagatin;: 
plant. 

Interference 
with flow of 
water. 

Violation. 



ARTICLE IX 



Dams, Fishways, Bar-racks, Obstructions, Etc. 

Section 85. Any person now or hereafter erecting 
or maintaining a dam in the waters of this Common- 
wealth shall immediately, on a written order from the 
Commissioner of Fisheries, erect therein such chutes, 
slopes, fishways, gates or other devices, as the Board 
of Fishery Commissioners may deem necessary to en- 
able the fish to ascend and descend the waters at all 
seasons of the year. 

Section 86. Every such chute, slope, fishway, gate, 
or other device, shall be maintained, open and in 
gopd order and repair, by the person owning or main- 
taining such dam, until said dam is removed, raised, 
or rebuilt. 

Section 87. Any chute, fishway, or other device 
aforesaid, may be closed for repairs at the time of 
low water, but such closing shall only be for a period 
of thirty days at any one time. 

Section 88. Any person neglecting or refusing to 
comply with sections eighty-five and eighty-six of this 



Dams. Hall- 
ways, bar- 

n"h, ob- 
structions. 
etc. 

Erection of 
fishways. 
etc., upon 
order of 
0>r'mi<!- 
sioner of 
Fisheries. 
Maintenance 
of fish wars, 
etc. 



Closing 
repairs. 



204 



GAME, FISH AND FORESTRY LAWS. 



Penalty. 



Failure to 
-comply with 
order of 
Commissioner 
■of Fisheries. 



When fish- 
ways, etc., 
may be con- 
structed' by 
Commissioner 
of Fisheries. 



Unlawful 
drawing off 
of water. 



Obstruct! 
of flow 
water. 



Illegal fish- 
ing at fish- 
ways and 
dams. 



Article, within three months from the date of notice 
provided in section eighty-five of this act, shall for- 
feit and pay the sum of one hundred dollars for 
every month such person so refuses or neglects. Such 
sum shall be recovered by civil suit or process in the 
name of the Commonwealth. 

Section 89. If, after the lapse of three calendar 
months from the date of notice provided by section 
eighty-five of this act, the person owning or main- 
taining said dam neglects or refuses to erect or place 
or maintain, unchanged, open, and in good order 
and repair, the appliance as directed by the Commis- 
sioner of Fisheries, said Commissioner is authorized to 
enter upon such dam and erect such slope, chute, 
iishway, or gate, or make such repairs, as may have 
been directed as aforesaid. The cost thereof shall 
be charged against the person owning or maintaining 
such dam, by the Commissioner of Fisheries, and may 
be recovered by civil suit and process in the name of 
the Commonwealth. 

Section 90. Where, by reason of any dam having 
been constructed prior to any requirements by law 
of the placing of chutes, slopes, or fishways therein, 
or for any other reasons, the owner or person main- 
taining such dam cannot be compelled by law to pay 
the cost of erecting such chute, slope, or fishway, 
as directed by the Commissioner of Fisheries, such 
cost shall be paid by the Commonwealth of Pennsyl- 
vania out of such funds as may be appropriated 
therefor. 

Section 91. No person owning, leasing, or maintain- 
ing a dam, holding back waters inhabited by fish, shall 
draw off such waters without first applying for written 
permission from the Department of Fisheries ; nor 
shall any such person obstruct the flow of water 
through any surh dam, without allowing sufficient 
water, at all times, to flow in the natural stream 
on which such dam is located, to enable the fish to 
live. Any person violating the provisions of this 
section is guilty of a misdemeanor, and, on convic- 
tion as provided in Article thirteen of this act, shall 
be sentenced to pay a fine of one hundred dollars for 
eaoh oPfense. 

Section 92. No person shall fish, except with a 
rod, hook, and line, within one hundred feet of the 
lower end of any fishway or dam, or within such 
other distance as the Commissioner of Fisheries may 
determine. Such distance shall be plainly posted on 



GAME, FISH AND FORESTRY LAWS 



the fishway or adjacent shore. Any person violating 
the provisions of this section is guilty of^ a misde- 
meanor, and, on conviction as provided in Article 
thirteen of this act, shall be sentenced to pay a fine 
of one hundred dollars. 

Section 93. Any person owning or maintaining a 
race way, flume, or inlet pipe, leading to a water- 
wheel, turbine, pump, or canal, shall immediately, 
upon receipt of a written order from the Commissioner 
of Fisheries, place and maintain a har rack, of not 
less than one-half inch, nor more than an inch and a 
half space between the bars, in or near such raceway, 
flume, or inlet-pipe, sufficient to prevent fish from 
entering therein . Any person refusing or neglecting 
to comply with such order for a period of one month 
shall forfeit and pay the sum of one hundred dol- 
lars, which shall be recovered by civil suit and pro- 
cess in the name of the Commonwealth. 

Section 94. If, one month after the notice pro- 
vided in section ninety-two of this act, the person 
owning or operating such raceway, flume, or inlet- 
pipe hns not placed such bar-rank as may have been 
directed, the Commissioner of Fisheries is authorized 
to enter upon such racewav, flume, or inlet-pipe, and 
place a bar-rack, of not less than one-half inch nor 
more than an inch and a half space between the bars. 
The cost thereof shall be charged against such owner 
or operator, and if not promptly paid may be re- 
covered by civil suit and process in the name of the 
Commomvenlth. 

Seetion 95. No person shall place any device or ob- 
ject in the waters within this Commonwealth in such 
a manner as to obstruct the migration or passage of 
fish therein, or to obstruct any fishway. Any per- 
son violating % the provisions of this section is guilty 
of a misdemeanor, and, on conviction as provided in 
Article thirteen, shall be sentenced to pay a fine of 
one hundred dollars. 

Section 96. Any obstruction in the strenms of this 
Commonwealth, not permitted by law, shall, when 
found, be immediately removed by any Fish Commis- 
sioner, fish-warden, sheriff, or other peace officer. 



Penalty. 



Screening 
raceways, 
flumes, etc. 



Penalty. 



Action upon 
failure of 
owner to 
place screen. 



Owner to 
pay cost of. 



Unlawful ob- 
struction of 

migration of 
fish. 



Penalty 



Removal of 
obstructions. 



ARTICLE X. 

Pollution, Trespass on State Hatcheries. 

Section 100. No person shall put or place in any 
waters of this Commonwealth any electricity, explo- 



Pollution ami 

trespass on 
State Hatch- 
eries. 



206 



GAME, FISH AND FORESTRY LAWS. 



Unlawful 
placing of 
-explosives, 
etc., and 
pollution. 



Explosives 
for engineer- 
ing purposes. 



Violation. 
Penalty. 



Unnecessa 1 y 
to prove kill- 
ing of fish. 



Unlawful 
trespass on 
State Butch- 
ery. 

Unlawful de- 
struction »r 
pollution. 



Penalty. 



Sale «f nsa. 

Unlawful 
«ale. 

Unlawful 

purchase »r 
liire. 



sives, or any poisonous substances whatsoever, for 
the purpose of catching, injuring, or killing fish. No 
person sball allow any substance of any kind or char- 
acter, deleterious, destructive, or poisonous to fish, 
to be turned into, or allowed to run, flow, wash, or 
be emptied into, any waters within this Common- 
wealth, unless it be shown to the satisfaction of the 
Commissioner of Fisheries or to the proper court that 
every reasonable and practicable means has been used 
to abate and prevent the pollution of waters in ques- 
tion by the escape of deleterious substances. 

Section 101. The preceding section of this article 
does not prohibit the use of explosives for engineer- 
ing purposes, when a written permit has been given 
therefor by the proper National, State or municipal 
government authorities. 

Section 102. Any person violating the provisions 
of this article shall, on conviction as provided in # 
Article thirteen of this act, be sentenced to pay a" 
fine of one hundred dollars. 

Section 103. In prosecutions under this Article, 
for the pollution of waters by substances known to 
be injurious to fish or to fish food, it shall not be 
necessary to prove that such substances have actually 
caused the death of any particular fish. 

Section 104. No person shall fish, or trespass with 
intent to fish, either upon anv waters, or bed or 
banks of any water, or any lands controlled or owned 
or occupied by the Department of Fisheries. No per- 
son shall wilfully or maliciously destroy or damage any 
ponds, property, or appliances whatsoever, of the 
Department of Fisheries; nor interfere, obstruct, pol- 
lute, or diminish the natural flow of water into or 
through any Stnte hatchery. Any person violating the 
provisions of this section shall, on corrviction as pro- 
vided in Article thirteen of this act, be sentenced t© 
pay a fine of one hundred dollars. 

ARTICLE XI. 

Sale of Fish— Markets, Hotels, Etc.: Reports. 

Section 110. No person, and no proprietor, manager, 
clerk, or agent of any market, hotel, boarding-house, 
eating-house, restaurant, or saloon, shall purchase, 
sell, or expose for sale, whether caught within or 
without this Commonwealth, any brook trout, or any 
species of trout, except lake trout, any small moutk 
bass or large mouth bass. No person, and no pro- 



GAME, FISH AND FORESTRY LAWS. 



207 



Report of 
sale of fish. 



prietor,' manager, clerk or agent of any market, hotel, 
boarding-house, eating-house, restaurant, or saloon, 
shall contract with or employ any person to catch and 
keep such fish for him, by the day or otherwise. 

Section 111. A person engaged in catching fish for 
market, or who may be engaged in the sale of fish, 
shall, on demand of the Commissioner of Fisheries, 
furnish at the close of each calendar year a duplicate 
statement of their sales of fish and the gross amount 
of money realized. The contents of such reports shall 
be used by the Department of Fisheries entirely for 
statistical purposes. The contents of such reports, so 
received by the Department of Fisheries, shall not be 
made public without the written consent of the 
ewner. 

Section 112. Any person violating the provisions of Penalty, 
this Article is guilty of a misdemeanor, and, on con- 
viction as provided in Article thirteen of this act, 
shall be sentenced to pay a fine of twenty-five dol- 
lars. 

Section 113. This Article does not prohibit any per- 
son from employing a guide to accompany him when 
fishing. 

Section 114. This Article does not apply to fish 
artificially propagated and sold under the authority 
of Article eight. 

ARTICLE XII. 

Commissioner of Fisheries ; General Powers and Du- 
ties : Fish-Wardens; Appointments, Powers, Com- 
pensation . 

Section 120. The Commissioner of Fisheries may 
grant permission to catch fish in any of the waters 
*f this Commonwealth at any season of the year and 
with any kind of nets or devices, for a period not 
.exceeding one year, to a person ensraged in scientific 
research, or for the propagation of fish and the stock- 
ing of waters therewith. Persons permitted to fish pur- 
suant to the foregoing provision of this section shall 
make a return, in writing, to the Commissioner of 
Fisheries, of all fish caught by them, and also the 
use made by them of the fish so caught. 

Section 121 . The Commissioner of Fisheries may 
catch fish in any of the waters of this CommoinvonHh. 
at any season of the year and with any kind of nets 
or devices. The Commissioner of Fisheries may 
promulgate such rules and regulations for the angling, 



Employment 
of guides. 



Fish artifi- 
cially propa- 
gated. 



Powers of 
Commissioner 
of Fisheries, 
etc. 

Pprmission to 
take fish. 



Report. 



Takine fish 
hv Commis- 
sioner of 
Fisheries. 



208 



GAME, FISH AND FORESTRY LAWS 



Promulgation 
of rules and 
regulations. 



Distribution 
of fish. 

Public 

wa ters on 
State lands. 

Educational 
purposes. 

Water s flow- 
ing through 
private 
lands. 



Waters flow- 
ing through 
lands owned 
by. non-resi- 
dents. 



Obtaining 
fish by false 
representa- 
tion. 



Penalty. 



Waters open 
to public. 



Liability for 
damage. 



Closing of 
nursery 
streams or 
lakes. 



catching, or removal of fish in or from any waters, 
artificial or otherwise, wholly within this Common- 
wealth, as are not inconsistent with any provisions 
of this act or other constitutional or statutory pro- 
vision . 

Section 122. The Commissioner . of Fisheries shall 
make free distribution or planting of the fish pro- 
duced at the State fish hatcheries, or otherwise ac- 
quired, in the following order or preference: First, 
To the public waters of the Commonwealth within 
the State forestry reserves. Second, To the public 
school authorities and to persons connected with insti- 
tutions of learning, who may apply for the same 
for educational purposes, or for scientific research, 
and to persons applying for fishing culture for 
aquarium purposes and show ponds. Third, To the 
waters within this Commonwealth, the bed and banks 
of which are the subject -of private ownership, upon 
a written application of one or more of the owners 
or lawful occupants thereof. Fourth, To the waters 
within this Commonwealth, the bed and banks of 
which are the subject of private ownership, but whose 
owners are non-residents and unknown, or whose 
owners, by habit and custom, permit the public to 
fish therein. The Commissioner of Fisheries may dis- 
tribute and plant fish without an application thei-e- 
for. 

Section 123. Any person who shall, by false rep- 
resentation, receive fish from the Department of Fish- 
eries, and plant the same in waters where the public 
are not allowed to fish, shall, on conviction in the 
manner provided by Article thirteen of this act, be 
sentenced to pay a fine of twenty-five dollars for each 
offense. 

Any natural stream or lake in this Commonwealth, 
which has been or may be stocked with fish furnished 
by the Commonwealth or the Department of Fisheries, 
shall be open to the public for the purpose of lawful 
fishing ; but nothing in this section shall be so con- 
strued as to free any person trespassing on the lands 
of any person in this Commonwealth, from liability 
for any damage he may do to said lands or the im- 
provement thereon, or to any crops or livestock or 
poultry thereon. 

Section 12 1-. The Commissioner of Fisheries is au- 
thorized to set aside, at his discretion, such small 
streams and lakes as he may judge best, as nursery 
streams or lakes, in which fishing shall be prohibited 



GAME, FISH AND FORESTRY LAWS 



209 



at all times of the year. Before setting aside such 
streams or lakes, the Commissioner of Fisheries shall 
give public notice of closing such streams or water, 
by publishing the prohibition and the duration thereof 
in two newspapers of general circulation, published in 
the county or counties where such stream or water, 
is located, once a week for three consecutive weeks. 
Notice of such closing shall also be posted at the out- 
let of the stream or lake so closed and at intervals of 
three hundred yards along the banks thereof. Any 
person fishing, catching, or killing any fish, from any 
stream or water so closed, shall on conviction in the 
manner provided by Article thirteen, be sentenced to 
pay a fine of one hundred dollars. 

Section 125. The Commissioner of Fisheries, with 
the advice and consent of the Board of Fishery Com- 
mission, is authorized to appoint sixty-five competent 
citizens of this Commonwealth as fish-wardens. The 
Commissioners of Fisheries shall, from time to time. 
by and with the advice and consent of the Board of 
Fishery Commission, designate one of such wardens 
as chief warden, who shall remain as such during the 
pleasure of the Commissioner of Fisheries and shall 
perform such duties as the Commissioner of Fisheries 
may prescribe. The chief warden shall have the direc- 
tion and control of other wardens under the direction 
of the Commissioner of Fisheries. 

Section 126. Fish-wardens appointed under the pre- 
ceding section shall hold office during the pleasure 
of the Commissioner of Fisheries. Fish-wardens shall 
receive such compensation for their services »as the 
Commissioner of Fisheries and the Board of Fishery 
Commissiou may determine, and shall be allowed such 
expenses as may be deemed fey the Commissioner of 
Fisheries and the Board of Fishery Commission just 
and reasonable 

Section 127. A fish-warden shall have power— 

(a) To enforce all the laws of the Commonwealth 
relating to fish: 

(b) To execute all warrants and search-warrants for 
the violation of the fish laws ; 

(c) To serve subpoenas issued for the examination, 
investigation, and trial of all offenses against the laws 
relating to fish: 

I'd I To carry fire-arms or other weapons in the per- 
formance of his duties; 



Notice in 
newspaper*. 



Notice on 
streams or 
lakes. 



Penalty. 



Appointment 
of Fish War- 
dens. 



Chief War- 
den. 



Tenure of 
office. 



Compensa- 
tion. 



Expenses. 



Powers of 

Fish War- 
dens. 



14 



2i§ 



GAME, FISH AND FORESTRY LAWS. 



Record : 
report of 
warder--. 



Report of 

Chief 

Warden. 



Appointment 
of Speoifil 
Fish "War- 
dens. 



Expiration. 



Powers. 



(e) To search, without warrant, any boat, convey- 
ance, vehicle, fish-box, bag, coat, basket, or other 
receptacle for fish, when he has reason to beiieve 
that any provision of any law of this Commonwealth 
relating to fish has been violated; 

(f) To seize and take possession of. any and all fish 
which may have been caught, taken, or killed at any 
time, in any manner or for any purpose, or had in 
possession or under control, or have been shipped or 
about to be shipped, contrary to the laws of this Com- 
monwealth; fish so seized shall be disposed of in any 
manner as the Commissioner of Fisheries may direct; 

(g) To enter upon any land or water in the per- 
formance of his duty; 

(1<) To demand and secure proper assistance in case 
of emergency ; 

(i) To purchase fish for the purpose of securing 
evidence. 

Section 128. Each fish warden shall keep a record of 
his official acts, receipts, and expenditures; and shall 
at the close of each month make a summary of such 
record, with such detailed information as may be 
necessary for the information of, or be. required by, 
the Department of Fisheries. Such summary shall 
be immediately sent to the chief warden. The chief 
warden shall report to the Commissioner of Fisheries 
any negligence or incompetency on the part of any of 
the fish-wardens, with the facts relating thereto. The 
chief warden shall report monthly, to the Commis- 
missioner of Fisheries, his operation during the pre- 
ceding month, and shall make such other reports as 
may be required by the Commissioner of Fisheries. 
The chief warden shall annually report, in writing, 
the operation's of himself and subordinates during the 
year to the Board of Fishery Commission. 

Section 129. The Commissioner of Fisheries, on 
written application of a properly organized fish pro- 
tective association, or on the written application of 
any association or individual owning or leasing waters, 
may appoint one or more special fiF.h-wardens for the 
county in which the application is made. The Com- 
missioner of Fisheries may appoint special fish-wardens 
to act anywhere within the Commonwealth. All 
special fish-wardens appointed under the authority of 
this section, may exercise th* 1 owners of their appoint- 
ments until the thirty-first day of May next succeed- 
ing the date of their appointment, and no longer. 



GAME, FISH AND FORESTRY LAWS. 



211 



Special fish-wardens shall have the same powers and 
shall make the same reports as is conferred on and 
required from other fish wardens. 

Section 130. A special fish-warden shall not be 
entitled to any salary, compensation, or expenses for 
his services, from the Commonwealth, unless such 
special fish-warden shall be detailed, by writing, for 
duty by the Commissioner of Fisheries ; in which case 
the Commissioner of Fisheries may make a per diem 
allowance for compensation and reasonable expenses, 
out of any moneys available for the compensation and 
expenses of other fish-wardens. 

Section 131. The Commissioner of Fisheries, with 
the authority of the Board of Fishery Commission, 
may issue such bulletins relating to fish culture and 
fish protection as he deems best for the interests of 
the work of the Department of Fisheries. The Com- 
missioner of Fisheries shall make a report annually 
to the Governor of the operations of tho Department of 
Fisheries. 

Section 132 The several provisions of this act are 
independent of each other, and in the event of any 
provision being declared unconstitutional, it is hereby 
declared as the legislative intent that such section 
may be eliminated therefrom without affecting any 
other provision of this act. 



Not entitled 
to remuner- 
ation. 

Exception. 

Compensa- 
tion. 



Issuance of 
bulletins. 



Annual report 
of Commis- 
sioner. 



Provisions 
independent 
of each 
other. 



ARTICLE XIII i 

ENFORCEMENT OF THE ACT: 

Criminal Procedure. 



Section 140. Any Fish Commissioner, fish-warden, 
special warden, sheriff, constable, or any special of- 
ficer, or any peace officer in this Commonwealth, is 
hereby authorized and required to proceed, with such 
force of the county as may be necessary, to destroy 
any device for catching fish used contrary to or pro- 
hibited by law in any of the waters within this Com- 
monwealth. Such officers are hereby required to arrest, 
with or without warrant, any person owning, placing, 
or using such device, or violating any provision of this 
act. 

Section 141. Such officers are authorized and re- 
quired to apprehend and arrest, and immediately take 
any person guilty of any violation of this act before 



Enforcement 
and pro- 
cedure. 

Destruction 
of illegal 
devices. 



Arrests. 



Arrest an* 
heartag. 



212 



GAME, FISH AND FORESTRY LAWS. 



Payment of 
costs. 



Arrests made 
on Sunday. 



Refusal or 
neglect to 
enforce. 



Penalty. 



Interference 
with 

oificors. 



Penalty. 



Prima facie 
evidence. 



Warrant. 



any alderman, magistrate, or justice of the peace, 
who shall forthwith hear and determine such charge 
in the manner herein provided. 

Section 142. In case of any Fish Commissioner, fish- 
warden, or any other officer hereinbefore named, fails 
to prove his case, and the defendant is discharged, or 
in case the defendant is convicted and sent to jail, in 
lieu of the payment of fine, the county in which the 
case is heard shall pay the costs. 

Section 113. Such arrests may be made on Sunday, 
or any legal holiday ; in which case the person so 
arrested shall be taken before the proper officer, and 
proceeded against on the first lawful day following 
the arrest. 

Section 144. Any sheriff, deputy sheriff, constable, 
special officer, or other peace officer of this Common- 
wealth, refusing or neglecting to proceed with such 
force of the county to forthwith remove and destroy 
and existing device illegally used for the catching of 
fish within its jurisdiction, after being notified in writ- 
ing of the existence of such illegally used device ; or any- 
such officer neglecting or refusing to remove or de- 
stroy any such illegal device for catching fish within 
the Commonwealth, of which he shall be cognizant, 
shall, on conviction ns provided herein, be sentenced to 
pay a fine of fifty dollars. 

Section 145. Any person who shall, by threat, 
menace, or force, or in any manner, attempt to deter 
or prevent any fish-warden, or other person authorized 
to make arrests for violation of the fish-laws, from 
enforcing or carrying into effect any provision of this 
act, or who shall resist the seizure of boats, devices, 
or nets illegally used, shall, on conviction thereof as 
provided herein, be sentenced to pay a fine of one 
hundred dollars. 

Section 146. In all cases of arrest for the violation 
of any of the provisions of this act, the possession 
of the fishes or of the nets, or the possession of or 
operation of any other device herein prohibited, shall 
be prima facie evidence of the violation of this act. 

Section 147. Any alderman, magistrate, or justice 
of the peace, upon information or complaint, made 
to him by affidavit of one or more persons, charging 
any person with having violated any of the provisions 
of this act, or any of the rules and regulations adopted 
and promulgated by the Commissioner of Fisheries 
pursuant to this act, is hereby authorized and re- 
quired to issue his warrant, under his hand and seal, 



GAME, FISH AND FORESTRY LAWS 



213 



directed to any constable, peace officer, or warden, 
and shall cause such person to be arrested and brought 
before such alderman, magistrate, or justice of the 
peace, who shall hear and determine the guilt or in- 
nocence of the person or persons so charged. 

Section 148. If convicted, such person shall be sen- 
tenced to pay the fine provided in this act for such 
violation, together with the costs of suit. The person 
so convicted shall, on failure to pay such fine, be 
sentenced by such alderman, magistrate, or justice of 
the peace, to undergo imprisonment in the county 
jail of the county in which such conviction takes place, 
for a period of one day for each dollar of fine so im- 
posed, unless the person so convicted shall give notice 
of an intention to procure a writ of certiorari, or 
appeal ; in which case such person shall be permitted 
to enter into good and sufficient recognizance to appear 
before such justice, alderman, or magistrate, on or 
before the expiration of five days, if such appeal or 
certiorari is not taken by them, or on the final deter- 
mination of the same if it be not sustained, for execu- 
tion of sentence. 

Section 149. All fines imposed for the violation of 
any provisions of this act shall be forthwith paid, by 
such alderman, magistrate, or justice of the peace, to 
the Department of Fisheries, at Harrisburg. All 
moneys received or recovered by the Department of 
Fisheries under any provision of this act shall be im- 
mediately paid into the State Treasury, where it shall 
be kept as part of a fund separate and apart, to be 
used solely, under the direction of the Department of 
Fisheries, for the purpose of defraying any of the 
necessary expenses incurred in fish propagation and 
protection . 

Section loO. All actions for violation of any pro- 
visions of this act shall be taken within one year from 
the time the offense is committed. The Commissioner 
Tf Fisheries is hereby authorized to employ legal coun- 
sel to assist in the enforcement of this act and to de- 
fend the officers and employes of the Department of 
Fisheries for acts done in the proper performance of 
rhoir duties. 

Seetion 151, All boats and leual devices, used un- 
lawfully and forfeited to the Department of Fisheries 
under any of the provisions of this act, shall be sold 
by the Commissioner of Fisheries, or destroyed by 
his order. All unlawful nets or devices, not preserved 



Sen ten co. 



Appeal. 



Disposition 
of penalties. 



Separate 
fnnd. 



Counsel. 



Disiwsition 
of forfeited 
appliances. 



214 



GAME, FISH AND FORESTRY LAWS 



for exhibition purposes by the Department of Fish- 
eries, shall be destroyed by the Commissioner of 
Fisheries, or by his order. Records shall be made 
of all such sales or destruction, on the books of the 
Department. 

ARTICLE XIV. 
Construction and Repeal. 



Construction 
and repeal. 

Exclusive 
system for 
inland 
waters. 

Act of May 
22. 1889, (P. 
L. 261). 



Act of Mav 
«, 1876, (P. 
L. 146). 



Act of April 
2. 1903, (P. 
L. 128). 



Act of Mny 
1. 1969, (P. 
L. 9«9). 



Section 152. It is the intent of this act to prescribe 
a complete and exclusive system for the angling, catch- 
ing, and propagation of fish in waters wholly within 
the limits of the Commonwealth of Pennsylvania. 
Nothing in this act shall repeal or affect any of the 
following statutes ; to wit, — 

An act approved May twenty-second, one thousand 
eight hundred and eighty-nine (Pamphlet Laws, two 
hundred and sixty-one), entitled "An act for the pro- 
tection of shad, and game-fish in the river Delaware." 

An act approved May eighth, one thousand eight 
hundred and seventy-six (Pamphlet Laws, one hun- 
dred and forty-six), entitled "A supplement to an act. 
entitled 'An act to amend and consolidate the several 
acts relating to game and game-fish,' approved May 
first, Anno Domini one thousand eight hundred and 
seventy-three ; to require all persons engaged in any 
of the manufacturing interest of this State, accustomed 
to the washing of iron and other ores, and of coal 
preparatory to its use for cokeing, and engaged in 
the business of tanning, to prepare a tank or other 
suitable recentaclf 1 into which the sediment, culm, or 
coal dust, the offal refuse, and the tan bark, and 
liquor therefrom, used in tanning, so far as is prac- 
ticable, may be prevented from passing into or upon 
any of the rivers, lakes, ponds, or streams of this 
Commonwealth." 

An act approved April second, one thousand nine 
hundred and three (Pamphlet Laws, one hundred and 
twenty-eight) entitled "An act to establish a Depart- 
ment of Fisheries, to provide for its proper adminis- 
tration ; and to provide for the protection and pro- 
pagation of fish by the Department of Fisheries." 

An act approved May first, one thousand nine hun- 
dred and nine (Pamphlet Laws, three hundred and 
nine), entitled 'An act to encourage the propagation 
of fish, and to regulate the catching, taking, and de- 



GAME, FISH AND FORESTRY LAWS. 215 

struction of fish in the Delaware River below Trenton 
Falls, within the jurisdiction respectively of the Com- 
monwealth of Pennsylvania and of the State of New 
Jersey ; and providing penalties for violation of its Act of May 
provisions, and to repeal acts inconsistent therewith." 8. 1W9, (P. 

An act approved May eighth, one thousand nine L - 48<>) - 
hundred and nine (Pamphlet Laws, four hundred and 
eighty), entitled "An act to encourage the propagation 
of fish in the Delaware River ybove Trenton Falls, 
within the jurisdiction respectively of the Common- 
wealth of Pennsylvania and of the State of New 
Jersey ; and providing penalties for violation of its 
provisions, and to repeal acts inconsistent therewith." 18 ^ JJ13 (P 

An act approved April eighteenth, one thousand l.' i«o).' 
nine hundred and thirteen (Pamphlet Laws, one hun- 
dred), entitled "An act to classify the species of fish 
iu such parts of the boundary lakes of more than 
five thousand acres, as the Commonwealth has juris- 
diction over, and in the waters of any peninsula or 
in any bay adjacent to or connected with such lakes ; 
to declare which fish are game-fish, which fish are 
food-fish, and which are minnows or bait-fish ; to 
protect and provide for the maintenance and increase 
of fish in such lakes ; to regulate and provide 
for the payment of license fees for the catch- 
ing of fish from such boundary lakes, and 
prohibit the unauthorized taking of fish from devices 
used by authority of such license: to provide penalties 
and punishments for the violation of any of the pro- 
visions of this act ; and requiring the county wherein 
an oHense is charged to pay costs of prosecution in 
certain instances; and repealing all acts inconsistent 
hefewith. " 

An act approved April twenty-first, one thousand Act of April 
nine hundred and fifteen (Pamphlet Laws, one hun- 21, 1915. (P. 
dred and sixty), entitled "An act to give additional L - 160 ' 
protection to the fish in the waters within the Com- 
monwealth of Pennsylvania ; prohibiting the fishing 
for, or capture or killing of, such fish by unnaturalized 
foreign-born residents ; and prescribing penalties for 
violation of its provisions." 

This act does not affect any other statute, now exist- Does not ai»- 
ing or hereafter passed, which relates to the angling ply. 
or catching of fish in any boundary waters. 

Section 153. The act approved May first, one thou- Repeals, 
sand nine hundred and nine (Pamphlet Laws, three 
hundred and fifty-three), entitled "An act to classify i v,>t 19 $ M (P 7 
the fish in the waters within this Commonwealth ; de- l. 353)'. 
daring which are game-fish, which are food-fish, and 



2lti GAME, FISH AND FORESTRY LAWS. 

which are bait-fish, and to regulate the catching and 
sale, and encourage the propagation of the same; to 
protect the waters within this Commonwealth and 
unfair, improper, wasteful, and destructive fishing, 
and to protect fish from being destroyed or injured by- 
destructive means ; to provide for the appointment of 
fish-wardens, and to declare their official powers and 
duties ; to encourage and regulate the propagation of 
fish within this Commonwealth, and regulate the free 
distribution of the same by the Department of Fish- 
eries, in the waters within the same; to define powers 
and duties of the Department of Fisheries; to regu- 
late the sale and shipment of fish artifically propagated 
for profit : to forbid the sale of unlawful devices for 
3 I9n (P° matching fish ; and to provide penalties and punishments 
L. 650). for the violation of the provisions of this act, and 

providing how and by whom the costs shall be paid:" 
the act approved June third, one thousand nine hun- 
dred and eleven (Pamphlet Laws, six hundred and 
fifty), entitled "An act to amend the fifth section of 
an act, approved the first day of May, Anno Domini 
one thousand nine hundred and nine, entitled 'An 
act to classify the fish in the waters within this Com- 
monwealth ; declaring which are game-fish, which are 
food fish, and which are bait-fish, and to regulate the' 
cntching and sale and encourage the propagation of 
the same; to protect the waters within this Common- 
wealth from unfair, improper, wasteful, and destruc- 
tive fishins, and to protect fish from beins: destroyed 
or injured by destructive means, to provide for the 
appointment of fish-wardens, and to deolnre their of- 
ficial powers and duties: to encourasre and regulate the 
propagation of fish within this Commonwealth, and 
regulate the frpe distribution of the same by the De- 
partment of Fisheries, in the water within the same: 
to define powers and duties of the Department of 
Fisheries ; to regulate the sale and shipment of fish 
,^nora re- artificially propagated for profit: to forbid the sale 
of unlawful devices for catching fish; and to provide 
penalties and punishments for the violation of the pro- 
visions of this act, and providing how and bv whom 
the costs shnll be paid' by removing certain restrictions 
in fishing with nets," — are herebv repealed. All acts 
or parts of acts inconsistent with this act are hereby 



GAME, FISH AND FORESTRY LAWS. 217 

repealed. The repeal by this act of any prior act 
shall not operate to revive any act or part of act here- 
tofore repealed. 

This act shall become effective January first, one Effective 
thousand nine hundred and eighteen. jrmuary 1st. 

Approved— The 28th day of July, A. D. 1917. 1918 - 

MARTIN G BRUMBAUGH. 



218 



GAME, FISH AND FORESTRY LAWS. 



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( 220 ) 



INDEX TO FISH MWS 



A. 

Page. 

time limitation, 163-172-177-190-194-213 

Alewife 200 

Alderman 162-171-174-176-185-190-193-212 

Aliens, unnaturalized residents, prohibited from fishing, 189 

Anchored, nets not to be, at both ends, 158-168 

Appa ra tus, forfeiture of fishing 149-158-159-160-168-169-173-179-183-184-192-211 

Apparatus, Ashing, destruction of, - 149-185-193-211 

Appeal, right of 150-163-171-177-190-194-213 

Application of fanes and penalties * 150-162-171-177-184-185-189-193-213 

Application to maintain a propagating plant 201 

Application, for a Se.ne license, 199 

Appointment of Commissioner of Fisheries 153 

Appo.ntment of Fish Wardens 209 

Appointment of Chief Warden 209 

Appointment of Special Fish Wardens, 210 

Artificial propagation of fish by individuals, 201 

| Arrest 149-162-163-171-172-173-174-176-185-190-192-211 

,Arrest, resisting or interfering with 149-163-172-212 

Arrest, on Sunday 163-174-176-185-190-192-212 

Arrest, warrant for 149-162-171-211 

Arrest, without warrant 149-162-171-173-176-185-190-192-211 

Arrest for offense committed on Delaware River 149-162-171 

B. 

Bail, 163-172-177-190-213 

Bait fish 157-166-178-195-199 

'Bait fish in Delaware Kiver 157-166 

Bass, black, 148-149-157-166-178-195 

Bass, calico, or strawberry 157-166-17S-195 

Bass, grass 195 

Bass, green 157-166-195 

Bass, large mouth, 157-166-195 

! Bass, rock or red-eye 148-149-157-166-195 

iBass, small mouth 157-166-195 

Bass, striped, 195 

Bass, white 157-166-195 

1 Bass, yellow, or Oswego, or green, 157-166-17S-195 

Bass in Delaware River 148-149-157-166 

Blue Pike 195 

Boat, forfeited to Commissioner of Fisheries, ....149-158-160-168-169-173-179-183-184 

192-211 

(Boundary waters 147-155-164-173-175-177 

Boundary waters, length of fish in 149-160-169 

| Brook trout, 157-166-195-196-197-198 

Bulletins may be issued by Department of Fisheries 211 

Bull frogs, 191 

Burr hook 157-167 



(221) 



222 GAME, FISH AND FORESTRY LAWS. 

c. 

Page. 

Calico »r strawberry bass, 157-166-17S-195 

Carp, 159-160-169-175-200 

Cat-fish , 159-169-175-200 

Cat-fish, stone, (see bait fish). 

Certificate for the transportation of front 201 

Certificate for propagating purposes 201 

Certificate for fish sold, 202 

Charr, or brook trout, 157-166-195 

Chutes and fishways, 187-203 

Classification of fish 157-166-178-195 

Close season, 147-148-15S-159-160-16S-169-196-200 

Close season in Delaware River 147-148-15S-159-160-168-169 

Closing chutes, fishways, etc., for repairs, 203 

Coal oil prohibited, 161-170-179-205 

Commissioner of Fisheries, appointment of, 153 

Commissioner of Fisheries, duties and powers of, 153-207 

Commitment to jail, see "Penalty." ■ 

Compensation to Fish Wardens 209 

Compost, fish for 180 

Confiscation of fish and appliances, ..149-158-159-160-168-169-173-179-183-184-192-211 

Constables, ex-officio fish wardens 15 

Constables, powers and duties of, 15-16 

Construction of fishways by Commissioner of Fisheries, 188-204 

Contrivances, forbidden in fishing 147-148-158-139-161-166-168-170-173-178-179- 

180-182-192-198-200*205 

Contamination of waters, : 161-170-179-206 

Convictions before Justice, 150-162-171-174-176-185-190-192-193-212 

Convictions, summary, 150-162-171-174-176-185-190-192-193-212 

Costs, county to pay in certain cases 150-151-176-185-190-192-212 

Court decisions 229 

Crappie, grass, strawberry, or calico bass 157-166-178-195 



Dams 203 

Dams, gates or fishways in, 187-203 

Decisions pertaining to fish 229 

Defiling water prohibited, 161-170-179-206 

Delaware River, general act relating to, 147 

Delaware River, above Trenton Falls, 164 

Delaware River, below Trenton Falls 155 

Department of Fisheries 153 

Destruction of illegal fishing appliances 149-185-193-211 

Dip nets, 1 17-157-167-199 

Dipsey line in Delaware River, 157-167 

Distances net can be used 159-168-180-200 

Disposition of penalties 150-163-171-177-190-194-213 

Disposition of forfeited appliances 149-173-179-186-193-213 

Distribution of fish, 208 

Domestic fowls, trespassing, may be killed after notice, 202 

Drawing off of water prohibited, 204 

Drift net 158-168 

Duty ©f Commissioner of Fisheries 153-154-207 

Duty of Fish Warden. 54-185-190-209-210 

Duty of Fish Wardens on Delaware River, ..149-162-171-176-185 

Duty of Justices i 150-162-171-174-176-185-190-192-193-212 

ByHamite 161-170-179-206 



GAME, FISH AND FOKESTKY LAWS 



Page. 

RH« 159 169 200 

■ .; .ts in Dclnw.-m 1.^9-168-169 

Eggs 201-202 

tiuucational purposes, ti-di mn.v ■ k.-pt for 208 

Electricity, fishing with 161-170-179-206 

Employment of guides 206-207 

Erection of fishways, chutes, slopes, etc., 187-203 

Evidence to be heard by Justices. 150-162-171-174 176-1S5-190-192-193-212 

Exchange of fish or eggs, 202 

Explosives or poisons 161-170-179-206 

Explosives for engineering purposes may be used 206 



Fall-fish 196 

Fertilizer, fish for 189 

Fines, disposition of, 130-162-171-177-184-185-189-193-213 

Fish, open season for food, 117-159-169-175-200 

Fish , bait, 157-166-178-195-199 

Fisli basket not to be used, 148 

Fishways not to be obstructed, 206 

Fish, classification of. 157-166-178-196 

Fish, free distribution of, provided for, 208 

Fish fry 201-202 

Fish, food 157-166-178-195 

Fish, ga me, 157-166-178-195 

Fish, illegally taken must be returned to water 149-196-197-198-200 

Fish, catching for special purposes, 119-161-170-178-207 

Fish, food and game, may be sold during open season and for six davs 

thereafter 161-170-202 

Fish, length of 149-1G0-169-181-197 

Fish Commissioners, powers of 153-207 

Fish Wardens, duties and powers of 149-162-171-1 < 6-1^-5-190-209-210 

Fish Wardens, to enforce Fish, Game and Forestry laws, 64 

Fish, disposition of, and appliances used, when seized 149-173-179-185-193-212 

Fish, time may be held in possession after close of season, 202 

Fish, corporation may have special police. 151 

Fishing at fishways and dams : 204 

Fishing devices in inland waters 198 

Fishing with nets above Trenton Falls 167 

Fishing in State at large 147-136-166-175-181-197 

Fishing for scientific purposes permitted, 147-207 

Fishing, certain methods prohibited, . .147-14S-15S-159-161-1G6-168-170-17M-178-179-18O- 

1S2-192-198-200-206 

Fisheries Department 153 

Fisheries Commission 163 

Fishing on Sunday prohibited 148-159-168-195 

Fishing regulated in State 198 

Fishing regulated in boundary waters 155-164-173-178 

Fishways 187-203 

Fishways.no fishing within one hundred feet of, 204 

Food fish 157-166-178-195 

Foodfish.licen.se to take • 175-199 

Food fish, sale of, for compost prohibited 180 

Food fish in Delaware River 166-178 

Foreign-born unnaturalized residents prohibited from fishing 189 

Forfeiture of fish and fishing appliances, 149-17C-179-1S5-193-213 

Frogs, open season for 191 



224 GAME, FISH AND FORESTRY LAWS. 

Page. 

Progs, number that may be taken 191 

Frogs, not to be taken with lights, 192 

Fry, fish, preference to State, 202 

Fyke nets, 159-108-169 

G. 

Game fish, general Acts of Assembly 157-166-178-195' 

Game fish in Delaware River 157-166 

Game fish, open season for l-l.s-15;)-l 69-179-196 

Game fish in inland waters 195 

Game fish, manner of catching, 149-157-166-178-198 

Game fish, summary of law. 218 

Game fish, methods specifically mentioned 119-157-166-178-198 

Ga ff 199 

Gas tar prohibited 161-170-179-205 

Gill nets 148-1 58-173-181 

Green bass, 157-166-195 

Guide, employment of, 206-207 

Guide not to fi;sh for employer 206 

H. 

Hand line 157-167-178-198 

Haul seine, 175 199 

Hearings 150-162-171-174-176-185-190-193-212 

Herring, 158-175-200 

Hook and line, 147-149-157-167-178-198 

Hooks, 157-167-178-198 

I. 

Illegal contrivances prohibited. . . .147-148-158-159-161-166-168-170-173-178-179-180-182- 

192-198-290-205 

Illegal devices to be destroyed or sold, or forfeited 149-173-179-185-193-213 

Imprisonment imposed. See penalties. 

Interfering with officers 149-163-172-212 

4. 

Justice of the peace 150-162-171-174-170-185-190-192-193-212 

K. 
Killifishes 157-166-178-195-199 

L. 

Lakes, boundary, protection of fish in 173-177 

Landing net, may be used, 199 

Law, decisions of courts, 229 

Laws relating to fish in the State at large 147-148-156-166-175-181-197 

Laws relating to fish in the Delaware River 147-156-166-175 

Laws relating to fish in Lake Erie ....173-177 

Lawful manner of 'fishing in Delaware River, 147-148-157-166-167-175 

Length of fish taken, Delaware River 149-160-169 

Length of fish taken, in internal waters 197 

Length of fish taken, boundary lakes 181 

License, artificial propagation, securing of 201 



GAME, FISH AND FORESTRY LAWS. 225 

Page. 

License, seine, securing of 199 

License to fish for food fish 182 

License, right of State to impose, 229 

License for fishing in Luke Erie 182 

License fees, disposition of 184 

License to he shown on demand 213 

Linn', use of, in fishing, prohibited 161-170-179-206 

Limitation of time in prosecutions 163-172-177-180-194-213 

Limit of fish that may be taken 179-198 

M. 

Magistrate, duties of 150-162-171-174-176-185-190-192-198-212 

Measurement of fish. 149-160-169-181-197 

Meshes, size of. in seines or nets, 158-167-17.M75-1M-199 

Methods of fishing permitted 147-149-157-166 16r-L3-175-19<-!99 

Minnows, bait fish 157-166-1/8-195-199 

Migration of fish, obstructing 205 

Misdemeanor, 147-196 

Mullets 157-166-17.5-178-195 

Muscallonge, 178-195 

X. 

Nets 147-148-158-159-167-168-169-173-175-181-199 

Nets forbidden in Delaware River, 147-148-158-168 

Nets on Sunday 148-159-168-195 

Nets to be destroyed 149-185-193-211 

Nitroglycerine, use of prohibited 161-170-179-206 

Notice, trespass, 21-23-206-209 

Number of fish that may be caught. 179-198 

Number of frogs that may be taken, 1S1 

Number of tadpoles that may be taken, 191 

Number of terrapin that may be taken 191 

Number of bass in one day, Lake Er.e 179 

Nursery streams 208 

0. 

Obtaining fish by false representation, 208 

Obstructing fishway • 203 

Obstructing flow of water prohibited, 203-204 

Obstructing migration of fish, 205 

Office of the Fish Commission 154 

Office of the Commissioner of Fisheries, 154 

Officers refusing or neglecting to do duty, 54-212 

Officers, resisting or interfering with 149-163-172-212 

Open season for fish 147-159-169-175-179-196-200 

Ownership and control of streams. 208 

P. 

Paraphernalia, seizure of, 149-173-192-209-210 

Penalties for violation of fish laws 150-162-171-177-184-18.5-189-193-213 

Perch, 157-166-196-198 

Permission to draw off water 204 

15 



226 (JAME, FISH AND FORESTRY LAWS. 

Page. 

Permission to use explosives for engineering purposes 205 

Pickerel 157-166-195- 

1'ike, blue 157-166-178-195- 

Pike, grass, 17g 

Pike, perch, 157-166-195 

Pike, wall-eyed, or Susquehanna salmon, 148-149-157-166-195 

Pike, western, 178-195 

Planting fish, 208 

Poison, fishing with, forbidden 161-170-179-206- 

Poison and acids from tanyards to be kept out of streams, 161-170-179-206 

Poisonous substances in streams prohibited 161-170-179-206 

Police, special 151 

Police, powers and duties of 152 

Pollution of waters prohibited, 161-170-179-206 

Possession of fish, prima facie evidence 180-212 

Pound net, 181 

Power of Commissioner of Fisheries, 153-207 

Powers of fish wardens. 149-162-171-176-185-190-209-210- 

Preference of State in distributing fish 208 

Prima facie evidence,- 180-212 

Private streams, 208- 

Proceedings on arrest made, 150-162-171-174-176-185-190-192-193-212 

Property seized, disposition of 149-173-179-185-193-213 

Propagating streams may be set aside and closed. 208 

Propagation of tish, artificial, by individuals, 201 

Public fishing, waters open to, 208 

Purchase or sale of certain fish prohibited, 206 

Q. 

Quick lime, use of in fishing prohibited, 161-170-179-206- 

R. 

Recognizance 163-171-177-190-213 

Record costs, liability for, 151-16u-171-174-lS5-190-192-212- 

Refusal or neglect of officers to act, 54-212 

Refuse from gas houses, etc., not to enter streams 161-170-179-206- 

Removal of fish from licensed device by third person prohibited, 183-201 

Report of Commissioner of Fisheries 2U 

Resisting arrest, 149-163-172-212' 

Rock bass, .* 148-149-157-166-195- 

Rock fish, or striped bass, 160-169-195 

Rod and line, 157-167-178-198 



Sale of seized appliances 193-213 

Sale of certain fish prohibited, 162-170-202 

Sale of certain fish permitted ....162-170-202- 

Saturday night, fishing with seines unlawful, 148-159-168-195 

Sawdust, in streams prohibited, 161-170-179-206 

Scientific purpose, 147-207 

Screens to prevent destruction of fish, 205 

Screens, may be placed by Commissioner of Fisheries at expense of ■ 

owner •. 205 

Search for fish, by officer without warrant, 210- 

Seareh warrant, 209' 

Seasons for game fish 148-159-169-179-19$ 



GAME, FISH AND FORESTRY LAWS. 227 

Page. 

Seasons for game fish, open, 159-168-169-175 

Seasons for game fish, close 148-158-159-160-169-176-179-196 

Second offense 148 

Seines 158-167-173-175-181-199 

Seines, in Delaware River not to be broken 161-170 

Seine license, 199 

Seizure, right of 149-173-179-185-193-213 

Shad, 147-175-200 

Size of fish legally taken 149-160-169-181-197-201 

Size and number of fish legally taken in Delaware River 149-160-169 

Spawn 182 

Spear, or gig, 178 

Special officers for corporations raising fish, 151 

Special officers, powers of, 152 

Special fish wardens to enforce Game and. Forestry laws 54 

Special wardens not entitled to salary, 211 

Speckled trout, open season for 159-169-196 

Speckled trout, wild, not be bought or sold 206 

Speckled trout, wild, not to be caught for wages or hire 206 

Speckled trout, wild, size and number to be taken, 1S7-198 

Speckled trout, propagated in captivity, may be sold in certain cases, 201 

Spoon hook , 157-167-178 

Statistics of fish shall be furnished, 207 

Stocked waters to be free 208 

Stocking of waters with fish, 208 

Streams for propagation may be set aside and closed 208 

Streams on State lands, preference for. in distributing fry, 20i 

States of Pennsylvania and Is'ew Jersey to have concurrent jurisdiction 

over Delaware River 162-171 

Striped bass or rock fish, 160-169-195 

Sturgeon 158-167-181 

Sturgeon, open season for 158-167-181 

Suckers, 159-160-169-175-200 

Suits, costs of, where chargeable 150-151-176-185-190-192-212 

Summary conviction 150-162-171-174-176-185-190-192-212 

Summary of fish laws, 218 

Sunday, no fishing on, 148-159-168-195 

Sunday, arrests may be made on 163-174-176-185-190-192-212 

Sunday fishing on Delaware River. 148-159-168 

Sunfish, number that may be taken, 198 

Susquehanna salmon 148-149-157-166-195 

T. 

Table of size, seasons, etc., of game fish 218 

Tadpoles, open season for, 191 

Tadpoles, number that may be taken, 191 

Terrapin, open season for, 191 

Terrapin", number that may be taken, 191 

Terms of Fish Commissioners, 153 

Threatening officers. 149-163-172-212 

Three hooks 157-167-178-198 

Time limit of actions 168-172-177-190-194-213 

Time fish may be held after close of season 162-170-202 

Torpedo, use of prohibited, in fishing 161-170-179-206 

Transportation of fish permitted 201 

Trenton Falls, fishing above 164 

Trenton Falls, below, 155 

Trespassing oa waters operated by Fish Commissioners, 20< 



228 GAME, FISH AND FORESTRY LAWS. 

Page. 

Trial 150-162-171-174-176-185 

Trolling line 157-167-178 

Trout, brook or speckled 157-166-195 

Trout, open season for, 159-169-196 

Trout, number that may be taken, 198 

Trout, lake, 181-195-196 

u. 

Unlawful to procure fish for private purposes 208 

Unlawful taking of fish, 147-148-158-159-161-166-168-170-173-178-179-180- 

182-192-19S-20O-2O5 
Unnaturalized foreign-born residents prohibited from fishing, 189 

V. 

Vats, contents of, 161-170-179-206 

Vitrol 161-170-179-206 

W. 

Wall-eyed pike, or Susquehanna salmon 14S-149-157-166-195 

Walls, wing 148 

Wardens, fish, duties and powers of. 149-162-171-176-185-190-209-210 

Wardens, fish, to enforce Game and Forestry laws 54 

Wardens, fish, compensation of 209 

Wardens, special, 210 

Warrants of arrest and search 149-162-171-209-211 

Waters for public fishing 208 

Waters in which fishing may be prohibited, 208 

Waters on State lands, preference of, in distributing fish 2*8 

Waters, boundary , 147-155-164-173-175-177 

Water-wheels must be screened for protection of fish 205 

Wild birds may be killed 202 

Wing walls 148 

Y. 

Yellow bass 157-166-178-195 

Yellow perch 157-166-H 6-198 



GAME, FISH AND FORESTRY LAWS. 229 



LEADING DECISIONS PERTAINING TO GAMH 
AND FISH. 



OWNERSHIP AND CONTROL. 

1. In the classification of property, there are some things, 
which from their nature are incapable of absolute ownership, 
and among these are light and air, and game and fish. 

2. Bouvier 781. 

2. It is probable that the right to take game and fish was a 
oatural right, wholly unrestrained originally by law. 

As the population of the earth increased, it apparently, be- 
came necessary for the purpose of insuring the perpetuity of 
these things, to abridge or restrict by law this natural right. 
Xt what period or by what process this change was brought 
about does not seem perfectly clear, although the fact remains 
that this change was wrought, and that in all civilized nations 
of the world to-day the taking of game and fish is considered 
a boom or privilege and not an inherent right In America game 
and fish are considered to belong to the State, not as a proprietor, 
but in its sovereign capacity, as the representative and for the 
benefit of all the people. 

Ex parte Maier, 37 Pac. 402. 

Phelps v. Racey, 60 N. Y. 10. 

3. The right to hunt game is but a privilege given by the 
legislature, and is not an inherent right in the residents of the 
State. 

Comwth. v. Papsone, 44 Pa. Superior Ct. 129. Supreme Ct. 
231, p. 45. 232 U. S. 138. 

4. "Wild game of a State belongs to the people, in their col- 
lective soverign capacity, and is not the subject of private owner- 
ship, except in so far as the people may elect to make it so, and 
they may if they see fit, absolutely prohibit the killing of it, or 
traffic or commerce in it. That its taking, possession and the dis- 
position thereof is the subject of legislative enactment." 

Geer v. Connecticut, 161 U. S. 519. 
Martin v. Waddel, 16, Pet. 410. 
Ex parte Maier, 103 Cal. Pa. 476; 37 Pac. 402. 
Comth. v. Papsone, 44 Pa. Superior Ct. 129. Supreme Ct- 
231. p. 4f>. 232 II. S. 138. 



230 GAME, FISH AND FORESTRY LAWS. 

5. "Game in preserves and fish in private waters are still under 
the control of the Legislature." 

People v. Doxtater, 75 Hun. 472. 

8. "Wild game caught or killed contrary to law, remains the 
property of the State." 

Thomas v. N. P. Express Co., 73 Minn. 185. 

7. "The right of a state is maintained, to adopt any reason- 
able regulation, not only as to the time and manner of taking 
game, but also imposing limitations, upon the right of property 
in such game after it has been taken, because he who takes or kills 
game, has no absolute property in such game and takes its subject 
to all the provisions of the law authorizing its taking." 

Geer v. Connecticut, 161 U. S. 519, and many citations. 
Ward v. Race Horse, 163 U. S. 504. 

8. "And the fact that game has been killed does not change the 
relation of the law-making power to it, but it is still subject to 
control." 

Merritt v. People, 169 111. 218. 

9. "The measures best adapted to the preservation and pro- 
tection of game are for the Legislature to determine, and courts 
cannot review its discretion." 

Phelps v. Racey, 60 N. Y. 10. 

POLICE POWER. 

10. "The right to preserve game flows from the undoubted ex- 
istence of a police power to that end, which may be none the less 
efficiently called into play because by so doing Interstate Com- 
merce may be remotely or indirectly affected." 

Geer v. Connecticut, 161 U. S. 519. 
Hall v. DeCuir, 95 U. S. 485. 
Sherlock v. Ailing, 93 U. S. 99-103. 
People v. Silz; 219 U. S. 31. 

11. "Laws and ordinances relating to the comfort, health, con- 
venience, good order and general welfare of the inhabitants are 
comprehensively styled 'police laws and regulations.* It is well 
settled that laws and regulations of this character, though they 
may disturb the enjoyment of individual right are not unconsti- 
tutional, although no provisions is made for compensation for such 
disturbance. They do not appropriate private property for public 
use, but simply regulate its use and enjoyment by the owner, etc." 

Dillion on Municipal Corporations, Sec. 141. 



GAME, FISH AND FORESTRY LAWS. 231 

12. As stated in Barvier v. Connoly, 113 U. S. 27. "Neither 
the amendment (XIV) broad and compresenseive as it is, — nor 
any other amendment was designated to interefer with the power 
of the State, sometimes termed its police power, to prescribe 
regulations to promote the health, peace, morals education or good 
order of the people," we are within the province of the Constitution 
when we regulate the manufacture and sale of food stuffs, Com. 
v. McCann, 14 Pa. Superior Ct. 221; The number of hours the 
adult female should labor, Com. v. Beatty, 15 Pa. Superior Ct. 5; 
and in prohibiting women and children from working in coal mines, 
Act May 15th, 1893, P. L. 76; in prescribing the qualifications of 
physicians and undertakers, Com. v. Hanley, 15 Pa. Superior Ct. 
271; when musical bands may play in the public streets, Wilkes- 
Barre v. Garabed, 11 Pa. Superior Ct. 355; when we authorize the 
killing of dogs following the track of protected game, Com. v. 
Frederick, 27 Pa. Superior Ct. 228, and in denying the right to 
aliens to obtain license to sell intoxicating liquors, Trangresser 
v. Gray, 73, Md. 250; 9 L. R. A. 780. 

Com. v. Papsone, 44 Pa. Superior Ct. 129; 231 Pa. Supreme 
Ct. 45; 232 U. S. 138. 

13. "Indeed the police power as to game birds, flows from the 
duty of the State to preserve for its people a valuable food supply." 

Phelps v. Racey, 60 N. Y. 10. 
Ex parte Maier, 103 Cal. 467. 37 Pac. 402. 
Magner v. People, 97 111. 320. 
McCready v. Virginia, 94 U. S. 395. 
Smith v. Maryland, 18 How 71. 

Comth. v. McComb, 39 Pa. Superior Ct. 411. 227 Pa. Su- 
preme Ct. 377. 

14. "The power of a State to protect by adequate police regula- 
tion, the people against the adulteration of articles of food, al- 
though in so doing commerce may be remotely affected, necessarily 
carries with it, the existence of a like power to preserve a food 
-supply, which belongs in common to all the people of the State, 
which can only become the subject of ownership in a qualified way 
which can never be the subject of commerce, except with the 
consent of the State, and subject to the conditions, which it may 
deem best to impose for the public good." 

Lawton v. Steele, 152 U. S. 133. 

People v. West, 106 N. Y. 293. 

People v. O'Neil, 110 Mich, 324. 

L'Hote v. New Orleans, 177 U. S. 597. 

Comth. v. Thos. W. McOomb, 39 Pa., Superior Ot. 411, 227 

Pa. Supreme Ct. 377. 
Comth. v. Papsone, 44 Pa. Superior Ct. 129; Pa. Supreme 

Ct. 231, p. 45. 232 U. S. 138. 



232 GAME, FISH AND FORESTRY LAWS. 

15. "Aside from the authority of the State derived from the 
common ownership of game, and the trust for the benefit of 
its people, which the State exercises in relation thereto, there is 
another view of the power of the State in regard to the property 
in game, which is equally conductive. The right to preserve game 
flows from the undisputed existence in the State of a police power 
to that end, which may be none the less efficiently called into play 
because by so doing inter-state commerce may be remotely and in- 
directly affected." 

Fidd v. Pearson, 128 U. S. 1. 
Hall v. DeCuir, 95 U. S. 485. 
Sherlock v. Ailing, -93 U. S. page 99-103. 
Gibbons v. Ogden, 9 Wheaton 1. 

16. Indeed the source of the police power as to game birds 
(like those covered by the statute here called in question) flows 
from the duty of the State to preserve for its people a valuable 
food supply. 

Phelps v. Racey, 60 N. Y. 10. 
Ex parte Maier, ubi sup. 

Wagner v. The People, ubi sup, and the cases there cited. 
Comth. v. MrComb, 39 Pa. Superior Ct. 411, 227 Pa. Su- 
preme Ct. 377. 

17. The exercise by the State of such power, therefore, comes 
directly within rhe principle of Plumley v. Massachusetts, 155 
U. S. 461 and 473. 












18. The power of the State to protect by adequate police regu- 
lation i*s ! people against the adulteration of articles of food (which 
in this was maintained) although in so doing commerce might be 
remotely affected, necessarily carries with it the exercise of. a like 
power to preserve a food supply, which belongs in common to all 
people of the State, which can only become the subject of owner- 
ship in a qualified Way, and which can never be the object of com- 
merce, except with the consent of the State, and ■ subject to the 
conditions which it mav deem best to impose for the public good." 

The people of New York v. August Silz, 219 U. S. 31. 
Comth. v. Thos. W. McOomb, 39 Pa. Superior Ct. 411, 227 
Pa. Supreme Ct. 377. 

19, "In order to protect local game during the close season it 
has h^en found expedient to m^ke possession, of all such game, 
during that time, whether taken within, or without the State, 
a misdemeanor. In other states of the. Union surfi laws have been 
deemed essential, and have been sustained by the courts." 



GAME, FISH AND FORESTRY LAWS. 238 

Roth v. State, 51 Ohio 209. 

Am. St. Rep. 566, 37 N. E. 259. 

Stevens v. State, 89 Md. 669. 

43 Atl. 929. 

Magner v. People, 97 111. 320. 

20. "It has heen provided that the possession of certain kinds 
of game during the close season shall be prohibited, owing to the 
possibility that dealers in game may sell birds of the domestic kind, 
under the claim, that they were taken in another state or country. 
The object of such laws is not to affect the legality of the taking 
of game in other states, but to protect the local game, in the in- 
terest of the food supply of the people of the State. We oannot 
say that such purpose, frequently recognized and acted upon, is an 
abuse of the police power of the State and as such, to be declared 
void because contrary to the Fourteenth Amendment to the Con- 
stitution." 

"That a state may not pass laws directly regulating foreign or 
inter-state commerce has frequently been held in the decision of 
this court; but, while this is true, it has also been held in repeated 
instances, that laws passed by the states in the exertion of their 
police power, not in conflict with the laws of Congress upon the 
same subject, and indirectly or remotely affecting inter-state com- 
merce are nevertheless valid law. 

Mo. K. & T. R. Co. v. Haber. 191 U. S. 477. 
Ashell v. Kansas, 209 U. S. 251. 

"And it may be said generally that the legislation of a state not 
directly against commerce or any of its regulations, but relating 
to the rights, duties and liabilities of citizens, and only indirectly 
and remotely affecting the operations of commerce is of obligatory 
force upon citizens within its territorial jurisdiction, whether on 
land or wntev, oV enoaged in commerce, foreign or inter-state or 
in any other pursuit." 

Reported in case of People v. Silz, 219, U. S. 31. 

21. "The extent and limitation of what is known as the police 
power, has been a fruitful subject of discussion in the appelate 
courts of nearly every state of the Union. It is universally con- 
ceded to include everything essential to the public safety, health 
and morals and to justify the destruction or abatement by summary 
proceedings of whatever may be regarded as a public nuisance, 
and wherever the public interest demands it a large discretion is 
necessarily vested in the legislature -to determine not only what 
the interest and the public require, but what measures are neces- 
sary for the protection of such interests." 



234 GAME, FISH AND FORESTRY LAWS. 

Barbire v. Connelly, 113 U. S. 27. 
'Comth. v. McComb, 39, Pa. Superior Ct. 411, 227 Pa. Su- 
preme Ct. 377. 

Comth. v. Papsone, 44 P. Superior Ct. 129. Sustained by 
Supreme Ct. 231, p. 45. 232 U. S. 138. 

22. "The test as to whether the police power is validity ex- 
ercised, is, whether the enactment has relation to the public 
welfare, as it has been deemed of sufficient importance to justify 
the Legislature of practically all the states to enact laws for the 
protection and preservation of game, and we have seen no case 
which challenges this as a legislative right, clearly within the 
exercise of the police power." 

23. "The duty of preserving the fish and game of a state from 
extinction or prohibiting exhaustive methods of taking it, or the 
use of destructive instruments as are likely to result in the ex- 
termination of the young as well as the mature, is clear as its 
power to secure to its citizens, as far as possible, a supply of other 
wholesome food." 

Lawton v. Steele, 152 U. S. 133. 

Comth. v. McComb, 39 Pa. Superior Ct. 411. 227 Pa. Su- 
preme Ct. 377. 

24. "Laws enacted for the purpose of regulating the time and 
appliances for catching fish, are a proper exercise of the police 
power of a state; and although they may, under certain circum- 
stances, prevent a man from fishing in a stream running through 
his own land, they do not necessarily amount to taking private 
propertv for public use without compensation. 

Comth. v. Bender, 7 Pa. C. C. 620. 

Comth. v. McComb, 39 Pa. Superior Ct. 411. 2J7 Pa. Su- 
preme Ct. 377. 

25. "The weight of authority seems to favor the validity of 
laws prohibiting the possession of game during the closed season." 

Ex parte Maier, 103 Cal. 476. 
Merritt v. People, 169 111. 218. 
State v. Farrell, 23 Mo. App. 176. 
Phelps v. Racey, 60 N. Y. 10. 
Roth v. State, 51 Ohio, 209. 
Jarvis v. U. S. 11 App. D. C. 345. 

26. "The effect of these decisions is, that such possession is 
unlawful even though applied to game lawfully captured within 
the State during the open season, and to game lawfully captured, 
outside of the State and lawfully brought within the State (pro- 
vided the law of the State prohibits the possession of such game) 



GAME, FISH AND FORESTRY LAWS. 235 

on the theory that such laws are necessary for the protection of 
game, or as suggested by the late Chief Justice Coleridge, that 
the object is to prevent British wild fowl from being improperly 
killed and sold, under pretense of being imported from abroad." 

Whitehead v. Smithers, 2 C. P. D. 553. 

People v. Silz, 209 U. S. 31. 

27. "The police power is not limited to guarding merely the phy- 
sical or material interest of its citizens. His moral, intellectual and 
spiritual needs may also be considered. The eagle is preserved, 
not for its use, but for its beauty." 

William G. Barret vs. State of New York, Court of Appeals 

No. 203. 
A— McL.-Ho.— Ch.J.-Cha.— P.-Cr. 



DUE PROCESS OF LAW. 

28. "No person shall be deprived of his life, liberty or property 
without due process of law." 

Constitution of the United States, 5th and 14th amendments. 

29. ''This clause of the Constitution only applies to such rights 
as are in their nature fundamental, which belong of right to citi- 
zens of all free governments." 

Garfield v. Gary ell, 4 Wash. D. C, 380. 
Scott v. Sanford, 60 U. S. 393. 

30. "It is true that under the fourteenth amendment, no State 
can deprive a person of life, liberty or property, without due 
process of law. But in determining what is due process of law, 
we are bound to consider the nature of the property, the necessity 
for the sacrifice and the extent to which it has heretofore been 
regarded as within police power. So far as property is inoffensive 
or harmless, it can only be destroyed by legal proceedings with 
due notice to the owner ; but so far as it is dangerous to the safety 
or health of the community, due process of law may authorize its 
summary destruction." 

Sentell v. R. R., 106 U. S. 698. 

Lawton v. Steele,- 152 U. S. 133. 

Smith v. Maryland, 59 U. S. 71. 

Fertilizing Co. v. Hyde Park, 97 U. S. 659. 

Comth. v. McComb, 39 Pa. Superior Ct. 411, 227 Pa. Supreme 

Ct. 377. 
Comth. v. Papsone, 44 Pa. Superior Ct. 129. Supreme Ct. 

231, p. 45. 232 U. S. 138. 



-236 GAME, FISH AND FORESTRY LAWS. 

31. "The emergency may be such, as not to admit of the de- 
lay essential to judicial inquiry and consideration, or the sub- 
ject of such action and process may be of such a nature, or the 
conditions and circumstances in which the act must be performed 
to effect the protection and give effect to the law, may be such as 
to render judicial consideration impracticable. " 

• Jenkins v. Ballentine, 8 Utah 245; 30 Pac. 760. 

32. "In a case involving the validity of a statute of the State 
of New York, authorizing the summary destruction of nets, used 
in illegal fishing, it was held, 'that the police power is universally 
conceded to include everything essential to the public safety, 
health, and morals, and to justify the destruction or abatement 
by summary proceedings of whatever may be regarded as a public 
nuisance.* " 

Smith v. Maryland, 18 How 71. 

McCready v. Virginia, 4 Otto. 391. 

Lawton v. Steele, 152 U. S. 133. 

People v. West, 106 N. Y. 293. 

People v. O'Neil, 110 Mich. 324. 

L'Hote v. New Orleans, 177 U. S. 597. 

Holyoke Water Co. v. Lyman, 15 Wall 500. 
The courts of Pennsylvania have ruled in the same way upon the 
subject. 

Comth. v. Thos. W. McComb, 39 Pa. Superior Ct. 411, 227 
Pa. Supreme Ct. 377. 

Comth. v. Joseph Papsone, 44 Pa. Superior Ct. 129. Su- 
preme Ct. 231, p. 45. 232 U. S. 138. 

CONSTITUTIONALITY . 

33. "It is but a decent respect due to the wisdom, integrity 
and patriotism of the legislative body, by which any law is passed 
to presume in favor of its validity, until its violation of the Con- 
stitution is proven beyond all reasonable doubt. A reasonable doubt 
must be solved in favor of the legislative action and the act be 
sustained." 

"The preservation of game and fish has always been treated 
as within the proper domain of the police power and laws, limiting 
the season when birds and wild animals may be killed, and had 
for sale, and prescribing the manner in which they may be taken, 
have been repeatedly upheld by the courts. The duty of preserving 
the fish and game of a State from extinction, by prohibiting ex- 
haustive methods of taking it, or the use of destructive instru- 
ments as are likely to result in the extermination of the young as 
well as the mature, is as clear as its power to secure to its citizens, 
.as far as possible a supply of any other wholesome food." 



GAME, FISH AND FORESTRY LAWS. 237 

"It is within the province of the Legislature to prescribe the- 
methods or instruments that may be used in taking game or fish 
and it is not unconstitutional for the Legislature of a state to for- 
bid the use of a specially made gun such as the automatic * * * *Nor 
are the courts concerned about a technical though trifling inter- 
ference with the pleasure of a hunter, or the property interest 
of a gun maker in deciding a question of public interest and wel- 
fare, * * * * Where the interest of the private manufacturer and 
the public will come in conflict from the legislative standpoint, the 
people at large are to have preference." 

"The act of June 10, 1881, forbids the sale to any person under 
the age of sixteen years, of a pistol, revolver, etc., The act of 
March 31st, 1860, provides for a confiscation of gambling apparatus. 
Even the length of time a female laborer shall be subjected to the 
exhaustion of physical labor is within legislative control * * * * 
The object of this act is not to favor the makers of one sort of a 
gun at the expense of those of other kinds, but its sole object is to 
protect game, and the methods adopted for its destruction, whether 
guns, traps, or devices are proper subjects for legislative considera- 
tion." 

Comth. v. Thos. W. McComb, 39 Pa. Superior Ct. 411, 227 
Pa. Supreme Ct. 377. 



LEGAL STATUS OF DOGS. 

34. "Dogs have been considered under the law as belonging: 
to a class, as it were between ferae naturae, in which until 
killed or subdued, there is no property, and domestic animals, in 
which the right of property is perfect. They are not considered 
as being upon the same plane as horses, cattle and sheep, and 
other domestic animals, but rather in the catagory of cats, monk- 
eys, parrots and similar animals kept for pleasure, etc. Acting 
then upon the principle that there is but a qualified property in 
them and that while private interest require that the valuable one- 
shall be protected, public interests demand that the worthless shall 
be exterminated and they have from time immemorial been con- 
considered as holding their lives at the will of the Legislature, and 
properly falling within the police power of the several states. 
Laws for the protection of domestic animals are regarded sms having 
but a limited application to dogs or cats." 

Santell v. R. R., 16 U. S. 698. 

35. "The court held that even if they were to be regarded as 
property in the fullest sense of the word, they would still be 
subject to the police power and might be destroyed or otherwise 



238 GAME, FISH AND FORESTRY LAWS. 

dealt with, as in the judgment of the Legislature appear neces- 
sary for the protection of its citizens ; that it was purely within 
the discretion of the Legislature to say how far dogs shall be rec- 
ognized as property and under what restrictions they shall be per- 
mitted to roam the streets." 

36. The Legislature may authorize the killing of dogs following 
upon the track of protected game. 

Comth. v. Frederick, 27 Pa. Superior Ct. 228. 

37. Under the provisions of a new law recently enacted in 
Pennsylvania to ba known as "The Dog Law of One Thousand Nine 
Hundred and Seventeen," Section 22, dogs in this State are de- 
clared to be personal property and subjects of larceny. 

LEGAL STATUS OF CATS. 

In an opinion rendered by Horace W. Davis, Deputy Attorney 
General of ' Pennsylvania on June 27th, 1917, it is asserted: 

"That common law took no cognizance of cats and that an ex- 
haustive search of authorities has disclosed but one State in which 
the eat is dignified with one of the attributes of property, namely, 
value." 

Ford vs. Glennon, 49 Atl. 189. 74 Conn. 6. 

He asserts "That other States including Pennsylvania in listing 
objects that may properly be termed property, have been uniform 
in their ommission of the cat." 

COMMERCE IN GAME. 

38. "A State can forbid traffic or commence in game." 
Geer v. Connecticut, 161 U. S. 519. 

Ex parte Maier, 103 Cal. 476. 
People v. Silz, 219 U. S. 31. 
State v. Weber, 102 S. W. 955. 
Dietreich v. Fargo, 104 N. Y. S. 334. 

39. It has recently been held by the Court of Appeals of the 
State of New York, in the case of Lewis vs. Clair, the latter a 
boarding house keeper, that the service of game as a part of a 
table d'hote meal is necessarily a sale of such game, and is paid 
for by the payment for the meal at least to the extent of a part of 
the price for such meal. 

STATUS OF IMPORTED GAME. 

People v. W r einstock, 102 N. Y. S. 349. 
People v. Stillman, 102 N. Y. S. 351. 
People v. Waldorf-Astoria, 103 N. Y. S. 434. 
Silz v. Hasterburg, 219 U. S. 31. 



GAME, FISH AND FORESTRY LAWS. 239 

STATUS OF WILD BIRDS OTHER THAN GAME BIRDS. 

40. In 1907, N. I. Schwartz, of New Orleans, was fined for 
offering 75 aigretts for sale contrary to the statute of Louisiana 
forbidding the possession or sale of imported as well as native birds. 

State v. Schwartz, 44 La. 20. 

41. In 1907 an employe of Gimble Bros., Philadelphia, was con- 
victed before an alderman of that city for attempting to sell and 
having in possession, certain red birds or cardinals, that had 
according to the evidence been brought into the State from other 
states. On appeal to the Court of Quarter Sessions this convic- 
tion was sustained and defendant was fined. 

Comth. v. Crumley, 16 A. R. 334, 8 Lack. J 128. 



RIGHT OF A STATE TO IMPOSE A LICENSE FOR HUNT- 
ING BY NON-RESIDENTS. 

42. "A State may lawfully impose a license for the privilege 
of hunting upon citizens of other States, which is not imposed on 
its own citizens." 

In re Eberle, 98 Fed. 295. 

43. "A State can prohibit the use of oyster beds in the waters 
of the State by citizens of other States. That as fish are common 
property of all the people of the State, a citizen of another State 
is not invested by the Constitution with any right therein." 

McCready v. Virginia, 94 U. S. 391. 
Haney v. Coinpton, 36 N. J. L. 507. 
State v. Corson, 50 Atl. 780. 

44. "On the 24th day of October, 1904, the Supreme Court of 
Illinois rendered a decision in the case of Cummings v. People, 
upholding the constitutionality of the license law, and quoting with 
approval the decision of the Supreme Court of New Jersey in the 
case of Allen v. Wyckoff and the United States Circuit Court of 
the Northern District of Illinois in the case of in re Eberle." 

Allen v. Wyckoff, 48 N. J. R. 90; 2 Atl. 659. 

45. "In the case of Commonwealth v. Cannon, in the court of 
«ommon pleas of Cumberland county, No. 115 Feb. T. 1905. No. 
30 County Court Reports, p. 637, in overruling the objection filed 
the learned court said: 'It has been however repeatedly held that 
statutes which are directed against non-residents, but not against 
citizens of other States, are constitutional and valid.'" 



24§ GAME, FISH AND FORESTRY LAWS. 

Rothermel v. Meyerle, 136 Fa. 251. 

State v. Med'bury, 3 R. I. 138. 

Chambers v. Church, 14 R. I. 398. 

Sears v. Warren Co., 36 Ind. 267. 

People v. Lawndes, 130 N. Y. 455. 
A stockholder of shooting club corporation, is not an owner 
of clubs real estate. A stockholder in a corporation owning a 
tract of land used as a game preserve is not an "owner-' of the 
land within the meaning of the provision of the law, permitting 
owners of farm lands to hunt game on their lands without pro- 
curing a resident license. 

The title to wild game is in the State, irrespective of the owner- 
ship of the land on which it may be found ; and the State may 
prohibit or regulate the killing of game, and may impose greater 
restrictions upon non-residents than upon residents. 

The proviso to section 32 of the Game law of 1903 which provides 
that nothing in the Act shall apply to persons hunting on land of 
another person by invitation of the land owner is invalid, being 
so repugnant to the body of the Act, that to uphold its validity 
would be destructive to the Act itself. 

The proviso to Section 25, was intended to permit owners of 
farm lands, residing in this State, and their children or tenants 
to hunt game upon those lands, within the other limitations of 
the Game law, without procuring a resident license, and was not 
intended to extend that privilege to non-residents. 

Cummings v. The People, 111. Reports, Vol 211, p. 393. 

ALIENS. 

46. "It is a legal and political axiom that protection and alle- 
giance are reciprocal. Aliens resident or sojourning here, do not 
owe the full measure of allegiance exacted from the citizens, nor 
can they enjoy all the rights, privileges and immunities of citizen- 
ship." 

Luke v. Calhourn Co., 52 Ala. 115, 121. 
Cyc. of Law and Procedure, Vol. 2, page 88. Note 23. 
The court in the case of Com. v. Joseph Papsone, among other 
things says: 

47. "Nor does the provision of the fourteenth amendment which 
declares, 'No State shall make or enforce any law which shall 
abridge the privileges or immunities of citizens of the United 
States,' affect this defendant in any way, as he is not a citizen. 

"An alien while domiciled with us, is entitled to the protection 
of the laws and owes in return for this protection a temporary and 
local allegiance which continues during the period of his residence; 
2 Am. & Eng. Enc. of Law 64. We legislate primarily for our 
own citizens in granting the special privileges that are independent 



GAME, FISH AND FORESTRY LAWS . 241 

of our inherent rights. The alien is prohibited from doing many 
things to which a native born or a naturalized citizen is entitled. 
He cannot exercise any political rights whatever, nor be compelled 
to fill any elective or appointive office. He is not qualified to serve 
as a juror; or to receive a license to sell liquor, hawk or peddle. 
A non-resident is not entitled to the benefit of our $300.00 exemption 
law. Each State has its own exemption laws for the benefit of its 
own citizens. 

The privilege to hunt game has been limited to our own citizens, 
and as was said in Presser v. Illinois, 116 U. S. 252; 'If the plain- 
tiff in error has any such privilege he must be able to point to 
the provision of the constitution or statute of the United States by 
which it is conferred. For as was said by this Court in U. S. v. 
Oruikshank, 92 U. S. 542, the government of the United States al- 
though it is within the scope of its powers, supreme and beyond the 
States, can neither grant nor secure to its citizens rights or priv- 
ileges which are not expressly or by implication placed under its 
jurisdiction. All that cannot be so granted or so secured are left 
to the exclusive protection of the State. 

"Whatever one may claim as a right, under the Constitution 
and laws of the United States by virtue of his citizenship, is 
a privilege of a citizen of the United States. Whatever the Con- 
stitution and laws of the United States entitles him to exemption 
from, he may claim as an exemption in respect to, and such a 
right or privilege is abridged whenever the State law interferes with 
any legitimate operation of Federal authority which concerns his 
interest, whether it be an authority actively, exerted, or resting 
only in the express or implied command or assurance of the Federal 
Constitution or law. But the United States can neither grant nor 
secure to its citizens, rights or privileges, which are not expressly, 
or by reasonable implication, placed under its jurisdiction, and all 
not so placed are left to the exclusive protection of the States." 

This defendant is not a citizen of the United States, nor of 
this Commonwealth. While he is within our jurisdiction he is 
entitled to the equal protection of the laws, subject to the limita- 
tions of the class of which he is a member. 

Com. v. Joseph Papsone, 44 Pa. Superior Ct. 129. Pa. Su- 
preme Ct. 231, p. 45. 232 U. S. 138. 

48. "Citizens of other States have no property right which en- 
titles them to fish against the will of the State, afortiori, the alien 
from whatever country he may come, has none whatever in the 
waters, or the fisheries of the State. Like other privileges he 
enjoys as an alien, by permission of the State, he can only enjoy 
as much as the State vouchsafes to yield to him ns a special priv- 

16 



242 GAME, FISH AND FORESTRY LAWS. 

ilege. To him it is not a property right, but is in the strictest 
sense a privilege or favor." 

Rothermel v. Meyerle, 136 Pa. 251. 

State v. Meddery, 3 R. I. 138. 

Chambers v. Church, 14 R. I. 398. 

•Sears v. Warren Co., 36 Ind. 267. 

In re Ah Chong, 2 Fed. Rep. 736. 
The possession of a shotgun or rifle by an alien, operating a 
shooting gallery is a violation of the Act of May 8th, 1909. 

Comth. v. Charles Maloof, 49, Pa. Superior Ct. 581. 
A conviction may be had under the provisions of the Act of 
April 14th, 1903, requiring non-residents to secure a license before 
hunting in this Commonwealth, without showing that the defend- 
ant had not taken out a license in anv other county of the State. 

Comth. v. Cannon, No. 30 County Court R. 637. 

RESIDENT HUNTER'S LICENSE. 

A land owner's right to take fish, or game, on his own land, 
which inheres in him by reason of his ownership of the soil, is 
a property right, subject to the States ownership and title, held 
to regulate and preserve game. 

State v. Mallory, 83 S. W. 955, Arkansas. 

An Act providing that no person shall at any time hunt with a 
gun, any of the wild animals or birds, that are protected during 
any part of the year, without having procured a license, etc., is 
Constitutional and a reasonable exercise of the police power for 
the protection of game. 

The power of the Legislature to enact Statutes, is plenary, ex- 
cept in so far as that power has been limited by the Constitution, 
and every presumption is in favor of the Legislative enactments. 
They will be declared unconstitutional and void when they are 
clearly violative some express Constitutional limitation. 

Kyle v. People, 80 N. E. 1081, Illinois. 

State v. Holcomb, 101, Pac. 1072, Kansas. 

Cummings v. People, 211, 111. 392, 71 N. E. 1031, Illinois. 

RIGHTS OF THE PEOPLE. 

49. "When the interest of the private manufacturer and the 
public weal, come in conflict, from the legislative standpoint, the 
public at large, are to have the preference. 

Halter v. State, 7 L. R. A. N. S. 1079. 
Comth. v. Kenny, 32 Penna. Superior Ct. 544. 

Comth. v. Bercaw, 30 Penna. Superior Ct. 335. 

N. Y. etc., R. R. v. New York, 105 U. S. 633. 
* * * * So that, a specially designated gun, which 



GAME, FISH AND FORESTRY LAWS. 243 

particularly effective and proportionately dangerous to game, comes 
within the class of dangerous agencies either to he regulated or 
prohibited as the Legislature may decide. 

The judgment of the Court below is reversed, and the record 
is remitted to the end that the sentence imposed may be fully 
carried into effect." 

Commonwealth v. McComb, 39 Pa. Superior Ct. 411. 

Judge Orlady in his opinion handed down in the automatic 
gun case, after citing numerous methods that might not be legally 
used in the taking of game says: 

SO. "The swivel gun referred to in the Act of 1897, is described 
as a small cannon, revolving on a swivel, so that it may maim 
or kill a number of game at a single discharge, but it is always 
under the direction and control of the operator. The automatic gun 
mentioned in this act is described as one that is fired from the 
shoulder, and the recoil developed by the exploded cartridge ejects 
the shell, cocks the hammer, and feeds in a fresh cartridge from a 
magazine into the chamber of the gun,' so that all that is required 
to discharge it is to pull the trigger. It is not necessary to justify 
the wisdom of the Legislative enactment; the whole question has 
so frequently been the subject of discussion in the Legislature and 
Courts, that we must accept it as a result of their deliberations, 
that the automatic gun is not a proper weapon for the killing of 
game, within this Commonwealth. Nor are the Courts concerned 
about a technical though trifling interference with the pleasure 
of a hunter or the property interest of a gun maker. Indeed, the 
source of the police power, as to game flows from the duty of the 
State to preserve for its people a valuable food supply. * * * * 
The exercise of this power, therefore, comes directly within the 
principle of Plumley v. Mass. 155 U. S. 461, and Silz v. Hosten- 
burg, 219 U. S. 31." 



JURISDICTION. 

51. "The Courts of Quarter Sessions shall also have jurisdiction 
in cases of fines, penalties or punishments imposed by any act of 
Assembly for offenses, misdemeanors and delinquencies, except 
when it shall be otherwise expressly provided and enacted." 

The Criminal Procedure Act, March 31st, 1860, P. L. 427, 
Sec. 32. 

52. A Justice of the Peace has the right of Summary Convic- 
tion only when the right is distinctly and specifically given by the 
act under which suit is brought. 

Comth. v. LaBar, 32 Sup. Ct. p 228. 



244 GAME, FISH AND FORESTRY LAWS. 

53. Where concurrent jurisdiction exists in different tribunals 
the one first exercising jurisdiction, rightfully acquires control t» 
the exclusion of the other. 

Whartons Crim. PL and Practice, 8 Edition, Sec. 441-451. 
Hugh Crim. Law and Procedure, p. 663, Sec. 2564. 

FRAUD. 

54. A former conviction secured by the fraud of the defendant 
is no bar to a subsequent prosecution. 

Whartons Crim. PL and Prac, Sec. 451, 8th Edition. 

55. It has also been held that a former conviction or acquittal 
procured by fraud of the defendant, is no bar to a subsequent 
prosecution . 

Infra. Sec. 849. 

56. A new trial will be granted where it appears any unfair 
trick or artifice had been employed, resulting in favor of the 
party using it, thus a new trial was granted, wnere the defendant, 
by artilice of the prosecuting attorney, went to trial without con- 
travening testimony, under the belief that certain witness of the 
State were absent while in fact they were present and concealed 
by the prosecution. 

Infra. Sec. 852. 

57. In cases however where the verdict has been obtained by 
fraud of the defendant, such for instance as the collusive or 
forcible keeping back witnesses for the prosecution, or the sub- 
mitting of the case by trick without evidence, the verdict may 
be treated as a nulity. 

Infra. Sec. 786. 

58. Where the complaint was made to a justice by a person em- 
ployed to do so, by the defendant, and the warrant was served 
and witness subpoenaed by the defendant's direction, and, an at- 
torney retained and paid by him, to appear on the part of the State 
and the circumstances of the case, were so represented to the 
justice that he imposed a lighter fine, than he otherwise would 
have done, the case was held open to another trial. 

State v. Little, 1 N. H. 257. 
Com. v. Jackson, 2 Va. Cas. 501. 

59. Of course, there is, in what has been said, no reference 
to a verdict of acquittal, obtained in a sham prosecution, in- 
stigated by the defendant himself md managed by him, with a 
view of forestalling, on the ground of such acquittal, a bona fide 
prosecution by the State. 

Smith v. Pliuger, 10 Dist. Repts. 717-718. 



I 



GAME, FISH AND FORESTRY LAWS. 245 

0$. It has been many times decided and may be regarded as 
settled law, that if one procures himself to be prosecuted for an 
offense he has committed thinking to get off with slight punish- 
ment, or none, and to thus bar a prosecution in good faith, by the 
State, for the same offense, if the proceedings in reality, managed 
by himself, either directly, or through the agency of another, and 
the State while a party in name, is not so in fact, and had no 
actual agoncy in the matter, the judgment thus procured is void 
and affords no protection. 

Shindler v. State, Indiana Supreme Court, Oct. 1891. 
Crim. Law Magazine, Vo. 14, 204. 

61. While the judgment in such cases as those before cited are 
fraudulently procured and are frequently said to be void because of 
fraud practiced, it is apparent, that a better reason for holding 
them void and not binding upon the State, is, that the State is not 
a party to them. 

The State can no more be bound by a judgment to which it is 
not a party than can a citizen of the State. Never having been a 
party to it, or having any notice, or knowledge of the proceedings, 
it may be treated as a nulity. ***** i n speaking of such cases, 
Rishop well says. He, (the defendant) is, while holding his fate 
in his own hands, in no jeopardy. The plaintiff is no party in 
fact, but only such in name, the judge is imposed upon, indeed, 
in point of law, adjudicates nothing. All is a mere puppet show 
and every wire, moved bv the defendant himself. 
1st Rishop Cri. Law, Sec. 1010. 
10 Dist. R. 717. 

HORNS ON A DEER. 

62. In a prosecution for illegally killing a deer, it is no defense 
that the respondent was ignorant of the fact that the animal was 
without horns. 

Vermont Reports; No. 75, Vol. II, Page 438, 1003. 

63. In a prosecution for killing a deer not "having horns" in 
violation of No. 94, Act of 1896, wIpii it is undisputed that the 
deer had horns, only to the extent of bunches which did not pro- 
trude through the skin, whether these bunches were "horns" within 
the meaning of the statute, is a question of law for the court t« 
rule upon, and not a question of fact for the consideration of th« 
jury. 

A deer which has no horns protruding through the skin, so that 
they can be seen to be horns, is not a deer "having horns" within 
the meaning of No. 94, Acts 1896. 

Vermont Reports ; No. 77, Vol. II, Page, L75 



246 GAME, FISH AND FORESTRY LAWS. 

RIGHT OF CONSTABLE TO REWARD. 

64. Constables are entitled to the rewards for securing con- 
victions for vioaltion of game, fish or forestry laws, as fixed by act 
of March 22, 1899. 

A. C. Lee, Const, v. County of Wayne. 

65. Deputy Game Protectors are not entitled to the reward of 
$10, given Constables under the provisions of the Act of March 
22nd, 1899. , 

H. H. Almes v. Indiana Co. 45 Pa. Superior Ct. 137. 

COUNTIES LIABLE FOR COSTS. 

66. Under the Act of April 16, 1903, P. L. 213, counties are liable 
for costs in all cases where an officer of the Commonwealth, whose 
duty it is to protect our game, song and insectivorous birds in good 
faith, brings suit for violation of such Laws, and for any legal 
cause fails to recover same. 

Commonwealth vs. Dickinson, 62 Pa. Supr. Ct. 468: 
"The record shows that the prosecution was instituted by a public 
officer whose duty it was to enforce the Game Laws of the Common- 
wealth; and there being nothing to suggest that it was recklessly 
or maliciously brought, or that there was lack of sufficient cause. 
The amount of the costs is not before us for taxation ; that phase 
of the question has never been passed on by the Court, below, and 
if there are errors in the bill as filed, it may be corrected under 
the usual procedure ; the Court retains control of that question until 
they are paid. 

"No good reason being shown for refusing to make the order that 
the County should pay the costs of prosecution, the order of the 
Court below is reversed, and it is now ordered that the costs au- 
thorized by the Law in this case to be taxed of record, be charge- 
able to and paid by the County of Clearfield." 

Walker vs. Jefferson County, 33 C. C. Reports 298: 
"It is the duty of the Board of Game Commissioners, Game 
Protectors and Deputy Game Protectors to protect game, and to 
enforce by proper actions and proceedings the Laws relating to 
the same. The Act of March 22, 1899, P. L. 17, makes the Con- 
stables of the various wards, boroughs and townships of the Com- 
monwealth ex-officlo Game and Fish Wardens, and imposes the 
duty to enforce the statutes then in force or thereafter enacted for 
the protection of game, etc. * * * * *In such -words 'power 
and authority' mean duty and obligation, and in my opinion 
that the State Police act as Game and "Fish Wardens is 
essentially of a mandatory character; and, therefore, they are with- 



! 






GAME, FISH AND FORESTRY LAWS. 247 



in the protection of the Act of 1903, and when they in good faith 
institute proceedings for violation of the Game Laws, which fail, 
the County is liable for the costs of record in such proceeding* . 
Carr et al vs. The Northern Liberties, 35 Pa. 324: McDade vs. 
Chester City, 117 Pa. 414." 

FERRETS— RIGHT TO CONTROL. 

67. The provision of the Game Law requiring persons to secure 
a license before breeding, selling or having ferrets in possession 
has been held to he constitutional by Judge Ed wards, # in Lacka- 
wanna County, in the case of Commonwealth vs. Lewis Boero 
(July 2, 1917). 

RESPONSIBILITY OF JUVENILES. 

Under an Opinion of Hampton L. Carson, Attorney General of 
Pennsylvania during the term of Governor Pennypacker, it is 
asserted a person under the age of sixteen years is just as respon- 
sible and just as liable to have imposed upon him the penalties 
prescribed by the Game Laws of this State for violation of its 
provisions as is any other person. The Attorney General in this 
Opinion asserts that no one short of the Judge of the Court of 
Quarter Sessions is vested with authority to waive these penalties 
or in any manner to relieve a juvenile of responsibility in a matter 
of this kind. 

70 DAMAGES BY WILD ANIMALS OR BIRDS. 

William G. Barrett, et al., ) COURT OF APPEALS 
vs. I No. 203. 

State of New York. J A-McL-Ho-ChJ-Cha-P-Cr. 

In this case damages were claimed because beaver protected by the 
State of New York had cut down certain trees. The Court held 
the State was not liable for such damages, and, further, that the 
Legislature alone had power in a matter of this kind. The Court 
among other things says: — 

"The protection and preservation of game has been secured by 
law in all civilized countries and may be justified on many grounds. 
***** *The measures best adapted to this end are for the legis- 
lature to determine and courts cannot review its discretion. If 
the regulations operate in any respect unjustly or oppressively 
the proper remedy must be applied by that body." 
Phelps v. Racey, 00 N. Y. 10. 

"Wherever protection is accorded harm may he done to the in- 
dividual. Deer or moose may browse on his crops, mink or skunks 
kill his chickens: robins eat his cherries. In certain cases the 



248 GAME, I^ISH AND FORESTRY LAWS . 

legislature may be mistaken in its belief that more good than harm 
is occasioned. But this is clearly a matter which is confided to 
its discretion. It exercises a governmental function for the benefit 
of the public at large and no one can complain of the incidental 
injuries that may result." 

Lawton v. Steele, 152 U. S. 133. 

RESPONSIBILITY OF SHERIFFS. 

68. In an Opinion rendered by Horace W. Davis, Deputy At- 
torney General of Pennsylvania, on June 30th, 1915, it. is asserted: 

"Under these Acts which provide for a fine, and in default of 
payment of this fine for a sentence of imprisonment for a day for 
each dollar of fine imposed, and in which an alderman or justice 
of the pence has original jurisdiction, r commitment cannot be 
intei-efered with or the prisoner discharged, except upon an order 
of the Court of Quarter Sessions obtained after a reversal of the 
conviction , or by an order of the Court of Common Pleas under 
the Insolvent Debtors Acts for the discharge of the prisoner after 
he has served an imprisonment of at least three months where the 
fine exceeds fifteen dollars. 

See Johnson's Petition, 2 Dis. Rep. 100. 

"Commissioners have, in times past, assumed to exercise the 
authority of ordering the discharge of prisoners committed for 
non-payment of fine or costs. The absolute want of any such 
authority is clearly set forth in the case of Crawford County vs. 
Barr, 92 Pa. 359, as stated by Justice Trunkey in this case: 

'County Commissioners have no power to discharge a pris- 
oner or to remit fines, forfeitures and costs. If Courts have 
sanctioned their acts in paying costs out of the County funds, 
where a party, was committed solely in default of payment of 
. costs, that does not authorize their interference when there 
: :has been a conviction and sentence for a criminal offense.' 
See. also Sch wamble vs. The Sheriff, 22 Pa. 18. 
"The action by the sheriff in releasing a 'prisoner sentenced for 
default of payment of fine, such release being made only on 
the order of the County Commissioners, is not so much the fault 
of the assumption of authority, by the Commissioners as the de- 
reliction of the sheriff in permitting the release of the prisoner 
without proper warrant of law. 

As stated in Kuhn vs. North, 10 8. d R., 399. 

'The sheriff acts in all cases at his peril and is answerable 
for any mistakes. Infinite inconvenience would arise if it 
. ;were.not so.' ... •. 

"The. action of, the sheriff in releasing any prisoner without an 
order of the Court and before the prisoner has served a day for 






GAME, FISH AND FORESTRY LAWS. 249 

each dollar of fine imposed renders the sheriff and securities on his 
recognizance liable for the amount of the fine. 

See Walbcrion et al,. vs. Commonwealth, 7 S. & R. 272." 

RIGHT TO RE-ARREST. 

69. In this same Opinion, Mr. Davis, regarding the right to re- 
arrest a prisoner thus illegally discharged, says: 

"In instances which have heretofore occurred where the sheriff 
has illegally release prisoners committed for non-payment of fine 
imposed under the various game laws of this State, you should 
direct such sheriffs to rearrest the prisoners so released. As stated 
in Schwn mble vs. The Sheriff, above cited: 

'The person convicted havin? been discharged from prisor 
by the deputy sheriff by the direction of the County Commis 
si oners without payment of fine was lawfully retaken by 
the sheriff.' " 

70. CONSTITUTIONALITY OF THE FEATURE OF THE 
GAME LAW FORBIDDING THE SHIPMENT OF 
GAME BY PARCEL POST. 

Commonwealth of Pennsylvania) „ mMM 

vs I No. 50, February Term, 1916. 

N. C. Reimel. I Northampton County. 

The defendant in this case was convicted before an Alderman 
for violating that provision ■ of the Act of April 21, 1915, forbidding 
the shipment of en mo by Parcel Post in Pennsylvania. It appears 
the defendant shipped venison on the 17th day of December, 1915, 
by Parcel Post from the Borough of Portland to Easton, both 
places being in the same County. The defendant was convicted 
before the Alderman, and took an appeal to the Court of Common 
Pleas of Northamoton County, claiming that it was not an offense 
to ship game by Parcel Post from one place to another when both 
places were in the same County, and also that the Act was un- 
constitutional because it was in conflict with the Federal Constitu- 
tion, which gives Congress the power to legislate with respect the 
Post Offices and Post Roads. The Court in its decision among 
other things said, "we must, therefore, consider whether the object 
of ^ the State Statute is a direct interference with the Federal Con- 
stitution or an indirect interference. If it is the latter, it is not 
unconstitutional." ***** 

After considering at length the ruling of the Court in the case 
of Gear vs. Connecticut, 161 U. S. 519, the Northampton Court 
says, "yet he has so conclusively shown the risht of the State to 
protect its gnme, even if Inter-State Commerce may be remotely 
and indirectly affected thereby that there can be no doubt of the 
right of the State to protect its g;nne by the present Act, even if 
the receipts of the Post Office Department may be remotely or 
indirectly affected." 




r 250 I 



Forest Fires in 
Pennsylvania 



MUST BE 



Stopped 



if you desire future FORESTS, 
FISH, and GAME 



(251) 



Stop Forest Fires 



Forest fires do more to destroy the game, fish, and forest of 
Pennsylvania than any other cause. 

Every one ought to do his share toward preventing the tre- 
mendous economic loss which results from forest fires, and may 
help greatly by observing the following suggestions: 

Be sure your match, cigarette, or cigar butt and pipe ashes 
are dead before throwing them away. 

Build! what fires must be used only upon bare soil and in such 
places that fii-e cannot spread. 

Be sure your fire is extinguished before leaving it . 

Burn no brush, or other material, near woodlands upon a 
windy day, and under all circumstances stay by the fire until 
.t is dead. 

Be as careful of fire in the woods as you are in vour home. 



Help extinguish a fire as soon as one is discovered. If you 
cannot help, notify the nearest fire warden, and if possible send 
a substitute. 

Learn who your nearest fire warden is and give him your sup- 
port . 

( m ) 



THE 

PENNSYLVANIA DEPARTMENT 

OF 

FORESTRY 



State Forestry Reservation Commission. 

Robert S. Conklin, President, Columbia, Lancaster county. 
Dr. J. T. Rothrock, West Chester, Chester county. 
William P. Stevenson, Lewistown, Mifflin county. 
Edward Bailey, Harrisburg, Dauphin county. 
J. M. Hoffman, Johnstown, Cambria county. 



Office of Commissioner of Forestry. 

Commissioner of Forestry, Robert S. Conklin, Columbia, Lancas- 
ter county. 

Deputy Commissioner of Forestry, I. C. Williams, Esq., Royers- 
ford, Montgomery county. 

Clerks, A. Elwyn Strode, Camp Hill, Cumberland county. 
Edward J. Davis, Phoenixville, Chester county. 



Regular meetings of the Commission are held on the first Friday 
of each month, at 9 o'clock A. M. 

(253) 










(254) 



DIVISION III. 

ACTS OF ASSEMBLY RELATING TO FORESTS 
AND FORESTRY. 



AN ACT* 

To prevent the damages which may happen by firing 

of woods. 17 ^. 3 Sm. 



L.. 139. 



Section 3. Where any party is injured, and shall 
not demand above fifty dollars for his loss or damage, 
it shall and may be lawful to and for such person 
or persons to apply to any justice of the peace of 
the county where the offense is committed who is 
hereby empowered and required, by warrant under 
his hand and seal, to cause the party offending to 
be brought before him or some other justice of 
the peace of the same county ; and if, upon examina- 
tion, it shall appear to the justice, by the testimony 
of one or more credible witness or witnesses, that 
the defendant is guilty of the charge exhibited against 
him, then the said justice shall issue his warrant 
to two or more freeholders cf the neighborhood, 
thereby commanding them, in the presence of the 
defendant, if he will be present, to view the place 
or thing damaged, or inquire into the loss sustained 
by the plaintiff, and to certify to the said justice, 
upon their oath or affirmation, what damage, in their 
judgment, the plaintiff hath sustained by occasion of 
the premises ; and upon the return of such certificate 
to the said justice, he is hereby empowered to grant 
execution for the recovery of the said damages, 
together with the costs of prosecution, as is usual 
in the recovery of debts under ten pounds: Provided, 
That if any person or persons shall apprehend him, 
her or themselves aggrieved by the determination of 
any justice of the peace, in consequence to this act, 
he, she or they shall have a right to appeal from the 
judgment of the said justice to the next court of 
common pleas of the proper county. 

♦Section 3 of the above act is still in force. The remainder of 
the law is repealed. 

(255) 



■256 



GAME, FISH AND FORESTRY LAWS 



419. 



p - L - Title VIII. Offenses against real property, and 
malicious mischief. 

Section 153. If any person shall knowingly and 
maliciously cut, fell, alter or remove any certain 
bounded tree, or other allowed land mark, to the 
wrong of his neighbor,. or any other person, he shall 
be guilty of a misdemeanor, and on conviction, be 
sentenced to pay a fine not exceeding hve hundred, 
dollars, and to undergo an imprisonment not exceed- 
ing one year. 

Approved— March 31st, A. D. 1860. 

WM. F. PACKER 



p. L. 



1251. 



Tenants in 
common pro- 
hibited from 
cutting or 
removing 
timber with- 
out consent 
of co-tenant. 

Sales of tim- 
ber thus cut 
or removed 
not to pass 
title thereto. 

Remedies 
for recovery 

of timber 
and dam- 
ages. 

Parties in 
interest au- 
thorized to 
sue out 
writs of 
est "epe- 
ment. 

Writs, how 
obtained. 



AN ACT 

To prevent tenants in common of timber lands from 
cutting or removing trees without the consent of all 
of their co-tenants. 

Section 1. Be it enacted, ,&c, That from and 
after this date it shall be unlawful for any owner 
or owners of any undivided interests in timber land 
within this Commonwealth, to cut or to remove, or 
to cause to be cut or removed, from the said land, any 
timber trees, without first obtaining the written con- 
sent of all co-tenants in said premises. 

Section 2. That no sale of any timber cut or re- 
moved from such undivided lands, before or without 
such consent, shall pass any title thereto ; and the 
parties injured shall have every remedy in law and 
equity for the recovery of the said timber trees, and 
of all square timber, boards, lumber, ties, shingles 
and other articles, whatsoever manufactured there- 
from ; and also for the recovery of damages for the 
cutting or removing of the same, which they now 
have against an entire stranger to the title. 

Section 3. Upon the violation of the provisions of 
the first section of this act, it shall be lawful for any 
of the parties in interest to sue out a writ of estrepe- 
ment, to prevent any further cutting tbereon, or the 
removal of any timber then already cut, or both ; 
which said writ shall be of force until the interests of 
the parties shall be set out in severalty, or the writs 
dissolved by the court, or the action or partition in 
reference to said land finally ended ; and the said writ 
of estrepement shall be obtained by affidavit, and al' 



GAME, FISH AND FORESTRY LAWS 



257 



lowed in the same manner and with like proceedings 
as to its service and dissolution as are now by law al- 
lowed and authorized in cases of estrepement issued 
pending actions of ejectment for real estate. 
Approved— May 4th, A. D. 1869. 

JOHN W. GEARY. 



AN ACT 

Requiring the several assessors of this Common- 18g3 p L 
wealth to make return of timber lands. 312.' 

Section 1. Be it enacted, &c, That it shall be the 
duty of the several assessors of this Commonwealth, 
in their return of r,eal estate to the commissioners 
of the proper county, at the next triennial assessment, 
and at each triennial assessment thereafter, to make 
return of all the timber land in their proper district 
by specifying in separate columns, how many acres 
each tract contains of cleared land, and how many 
in timber. 

Approved— The 13th day of June, A. D. 1883. 

ROBERT E. PATTISON. 



Timber 
lands to be 
separately 
assessed. 



Owner dam- 
aged may 
petition th« 
court. 



AN ACT 

Providing for the recovery of damage to trees along 1891, p. l.. 
the public highways, by telegraph, telephone and 170. 
electric light companies. 

Section 1. Be it enacted, &c, That from and 
after the passage of this act, it shall be lawful when- 
ever any telegraph, telephone or electric light com- 
pany shall have erected its poles and lines along any 
turnpike, public road, street, lane, alley or highway 
in this Commonwealth, for the owner or owners of 
land adjoining said turnpike or public road who may 
claim to be damaged by the erection or maintenance 
of said lines by reason of the cutting of trees, whether 
planted in the said turnpike, public road, street, lane, 
alley, or highway, or on enclosed or unenclosed land 
adjoining the same, to petition the court of common 
pleas of the county in which said damage shall be 
17 



258 



GAME.,. FISH AND FORESTRY LAWS. 



Court shall 
appoint 
three 
viewers. 



Viewers' 
report. 

When con- 
firmation 
shall become 
absolute. 

Shall not 
apply to 
police or fire 
department, 
telegraph 
lines. 



alleged to have been committed, whereupon the said 
court shall appoint three impartial men, citizens of 
the county in which said damages shall be alleged, as 
viewers, who shall, after having been duly sworn 
or affirmed to the faithful performance of their duties, 
assess the damages done, if any, to the petitioner, 
and shall report the same to the court, at the first 
week of the next regular term thereof after the said 
appointment, which report shall, upon its presenta- 
tion as aforesaid, be confirmed nisi; and if no appeal 
be entered to the same on or before ten days from 
the Saturday of the week in which the same is pre- 
sented, it shall then be confirmed absolutely and judg- 
ment entered by the prothonotary of the said court 
upon the same against the said company. 

Section 2. The compensation of the viewers pro- 
vided for by the first section of this act shall be 
the same as is now provided for road viewers, and 
shall be paid by the defendant company, where dam- 
ages are awarded, otherwise by the petitioner: Pro- 
vided, That the provisions of this act shrill not apply 
to the police patrol or fire department telegraph 
lines. 

Section 3. All laws in so far as they conflict with 
this> act are hereby repealed. 

Approved— The 2d day of June, A. D. ]S91. 

ROBERT E. PATTISON. 



1897, 
9. 



P. L. 



When act 
shall go 
into effect. 



Duties of 
county 
treasurers 
and commis- 
sioners. 
Public no- 
tice to be 
given in tw« 
newspapers. 
Contents of 
notice. 



AN ACT 

Authorizing the purchase by the Commonwealth of 
unseated lands for the non-payment of taxes for the 
purpose of creating a State Forest Reservation. 

Section 1. Be it enacted, &c, That from and after 
the first day of January, A. D. one thousand eight 
hundred and ninety-eight, whenever any unseated 
lands within this Commonwealth shall, under exist- 
ing laws, become liable to sale by the respective 
county treasurers or the county commissioners for non- 
payment of taxes, it shall be the duty of such treas- 
urers and commissioners to publish at least once a 
week for six successive weeks in at least two news- 
papers of general circulation within the county in 
which the said lands lie, and if two newspapers be 
not published in said county, then in one newspaper 
in or nearest to the same, which notice shall contain 



GAME, FISH AND FORESTRY LAWS. 



2*9 



the names of the owners when known, the warrant 
numbers, names of warrantees when known, the num- 
ber of acres contained in each tract, the township in 
which the same is located, and the sums due upon 
each tract for taxes and further to mail to the Secre- 
tary of Agriculture and the Commissioner of Forestry- 
each, ten copies of such printed advertisement im- 
mediately upon publication thereof. 

Section 2. It shall be the duty of the Commissioner 
of Forestry to inquire into and examine the location 
and character of unseated lands advertised by the re- 
spective county treasurers and the county commis- 
sioners of this Commonwealth for sale for the non- 
payment of taxes, and if in his judgment the same 
are so located and are of such a character as to make 
them desirable for the Commonwealth for the purpose 
of creating and maintaining a Forestry Reservation, 
he shall have power at his discretion to purchase any 
such lands for and in behalf of the Commonwealth at 
such tax sales, subject to the right of redemption 
under existing laws: Provided however, That the 
bid made and the price paid for said lands, shall in 
no case exceed the amount of taxes for the non-pay- 
ment of which the same are being sold, and the costs. 
For all purchases so made in behalf of the Common- 
wealth, the Auditor General shall draw his warrant 
upon the State Treasurer to the order of the county 
treasurer, upon certificate filed by the Commissioner 
of Forestry with the said Auditor General: Pro- 
vided further, That the Commissioner of Forestry 
shall have power to purchase unseated lands other 
than such as are advertised for sale for the non-pay- 
ment of taxes, upon such terms and conditions as may 
be agreed upon with the owners of such lands: Pro- 
vided, That such purchase shall be approved by the 
Governor and the Board of Property, consisting of 
the Attorney General, Secretary of the Commonwealth 
and Secretary of Internal Affairs. And provided fur- 
ther, That in no case shall the price paid for such 
unseated land exceed the assessed value of the same. 
For all purchases so made in behalf- of the Common- 
wealth th<» Auditor General shall jk-aw his warrant 
upon the State Treasurer to the order of the grantor, 
upon certificate filed by the Commissioner of Forestry, 
with approval as aforesaid: Provided, That in no 
case shall the amount paid for any tract of land 



Notices t» 
be sent t< 
Commis- 
sioner of 
Forestry. 

Duty of 
Commis- 
sioner of 
Forestry. 



May par- 
chase lands 
for Com- 
monwealth. 



Proviso. 



How pay- 
ment shall 
be made. 



260 



GAME, FISH AND FORESTRY LAWS. 



Redemption 

of. 



Title shall 
be vested 1& 
Common- 
wealth. 

County 

treasurers 
shall certify 
to Commis- 
sioner of 
Forestry 
lists of 
lands not 
redeemed. 

Such lands 
not subject 
to further 
taxation. 

Record of 
lands to be 



Contents of 
record. 

Lands shall 
be under 
control of 
Department 
of Forestry. 



Purpose. 
Repeal. 



purchased under the provisions of this act exceed the 
sum of five dollars per acre.* 

Section 3. In the event of redemption of said lands, 
the redemption money paid shall be remitted to the 
State Treasurer by the county treasurer with a state- 
ment describing the tract of land so redeemed. 

Section 4. The title to all lands so purchased, and 
not redeemed after the expiration of the time limited 
for the redemption, shall be taken as vested in the 
Commonwealth to the same extent, and with like 
effect as though such purchase had been made by 
an individual at such sale, and the county treasurer 
shall certify to the Secretary of Agriculture (Com- 
missioner of Forestry) lists of all lands purchased in 
behalf of the Commonwealth and not redeemed within 
the time limited for such redemption, with a descrip- 
tion of each tract as required by section one of this 
act, and thereafter such lands shall not be subject to 
further taxation while the same are owned by the 
Commonwealth. It shall be the duty of the Secretary 
of Agriculture (Commissioner of Forestry) to keep a 
record in a book, to be especially provided for that 
purpose, of all the lands so acquired by the Common- 
wealth, with full description of each tract, the char- 
acter of the same, the date of purchase, the price 
paid, when the title became absolute, or if redeemed, 
the date of redemption. 

Section 5. The lands so acquired by the Common- 
wealth shall be under the control and management 
of the Department of Agriculture, but nssigned to the 
care of the Division of Forestry, (Department of 
Forestry) and shall become part of a forestry reser- 
vation system, having in view the preservation of 
the water supply at the sources of the rivers of the 
State, for the protection of the people of the Com- 
monwealth and their property from destructive floods. 

Section 6. All acts or parts of acts inconsistent 
herewith are hereby repealed. 

Approved— The 30th day of March, A. D. 1897. 
DANIEL H. HASTINGS. 

(The above Act, by reason of the abolishment of the Division 
of Forestry in the Department of Agriculture, and the creation 
of the Department of Forestry by Act of 25th February, 1901, 
has been changed in its application.) 



•Sec. 2, as amended by Act of April 28, 1899, P. L. 98. The 
limit of purchase price is now increased to ten dollars per acre. 



GAME, FISH AND FORESTRY LAWS. 



261 



AN ACT 

To authorize constables and other peace officers, with- 1897( 
out first procuring a warrant, to arrest persons rea- 29. 
sonably suspected by them of offending against the 
laws protecting timber lands. 



Section 1. Be it enacted, &c, That if any person 
or persons shall be detected by any constable or 
other pence officer, in the act of trespassing upon any 
forest or timber land within this Commonwealth, 
under such circumstances as to warrant the reason- 
able suspicion that such person or persons have com- 
mitted, are committing, or are about to commit, some 
offense or offenses against any of the laws now enacted 
or hereafter to be enacted for the protection of forests 
and timber land, such constable or peace officer shall 
have authority at once, without first procuring a war- 
rant therefor, to arrest on view such person or per- 
sons, with like effect as though such warrant had first 
been procured. 

Section 2. That all acts or parts of acts incon- 
sistent herewith be and the same are hereby repealed. 

Approved— The 29th day of April, A. D. 1897. 

DANIEL H. HASTINGS. 



P. L. 



Duty of 
constables. 



May arrest 

without 

warrant. 



Repeal. 



AN ACT 

To amend the first section of an act, entitled "An 
act to protect timber lands from fire," approved the 
second day of June, A. D. 1870, providing for a 
penalty in case of the failure of county commis- 
sioners to comply with the terms of said act, after 
demand made upon them by the Commissioner of 
Forestry, and providing for the Commonwealth bear- 
ing part of the expenses incurred under said act. 

Section 1. Be it enacted, &c, That the first sec- 
tion of the act, entitled "An act to protect timber 
lands from fire," approved the 2d day of June, A. D. 
1870, which reads as follows: 

"Section 1. That it shall be the duty of the com- 
missioners of the several counties of this Common- 
wealth to appoint persons under oath, whose duty 
it shall be to ferret out and bring to punishment all 



1897. 
295. 



P. I. 



Section 1. 
act of June 
2. 1870, 
cited for 
amendment. 



262 



GAME, FISH AND FORESTRY LAWS. 



C#uaty eona- 
missioaers 
shall appoiat 
person to 
institute 
proceedings, 
and extin- 
guish fires. 

Commis- 
sioners fail- 
ing to com- 
ply shall be 
guilty of a 
misde- 
meanor. 

Penalty. 

How ex- 
penses after 
January 1, 
1898, shall be 
paid. 



Itemized, 
statement 
shall be fur- 
nished Aud- 
itor General. 



persons who either wilfully or otherwise cause the 
burning of timber lands, and to take measures to 
have such fires extinguished where it can be done 
the expense thereof to be paid out of the county treas- 
ury, the unseated land tax to be the first applied to 
such expenses," shall be and the same is hereby 
amended to read as follows: 

Section 1. That it shall be the duty of the com- 
missioners of the several counties of this Common- 
wealth to appoint persons, under oath, whose duty 
it shall be to ferret out and bring to punishment all 
persons or corporations who either wilfully or other- 
wise cause the burning of timber lands within the 
respective counties, and to take measures to have such 
fires extinguished where it can be done ; and on failure 
of the commissioners of any county, after demand 
made upon them by the Commissioner of Forestry of 
this Commonwealth, to comply with this provision, 
they shall be deemed guilty of a misdemeanor in office, 
and upon conviction thereof shall be fined in a sum 
not exceeding one hundred dollars, or suffer an im- 
prisonment not exceeding two years or both, at the 
discretion of the court. The expenses incurred in the 
employment of the persons contemplated by this act, 
on and after the first day of January, A. D. 1898, 
shall be paid, one-half out of the treasury of the re- 
spective county, and the remaining half of said ex- 
pense shall be paid by the State Treasurer upon war- 
rant from the Auditor General ; but no such warrant 
shall be drawn until the commissioners of the proper 
county shall have first furnished, under oath or af- 
firmation, to the Auditor General, a written itemized 
statement of such expense, and until the same is 
approved by the Auditor General: Provided, That in 
no case shall the expense to the Commonwealth grow- 
ing out of this act exceed five hundred dollars for a 
single county in any one year. 

Approved— The 15th day of July, A. D. 1897. 

DANIEL H. HASTINGS. 



GAME, FISH AND FORESTRY LAWS. 



Department 
of Forestry 
established. 

How con- 
stituted. 

Appointed bj 
the Gover- 
nor. 



AN ACT 

To establish a Department of Forestry, to provide im t p. l. 
for its proper administration, to regulate the ac- ll. 
quisition of land for the Commonwealth and to pro- 
vide for the control, protection and maintenance 
of Forestry Reservations by the Department of 
Forestry. 

Section 1. Be it enacted, &c, That there be and 
is hereby established a Department of Forestry, to 
consist of the Commissioner of Forestry and four 
other citizens of the Commonwealth, who together 
shall constitute the State Forestry Reservation Com- 
mission ; each of whom shall be appointed and com- 
missioned by the Governor, by and with the advice 
and consent of the Senate ; the Commissioner of 
Forestry for a term of four years, two of the said 
citizens for a term of two years ; and two of said citi- 
zens for a term of four years ; and thereafter all ap- 
pointments shall be made by the Governor, by and 
with the advice and consent of the Senate, for a term 
of four years. The persons so appointed, before enter- 
ing upon the discharge of their duties shall each take 
and subscribe to the oath of office prescribed by article 
seven of the Constitution of Pennsylvania. The Com- 
missioner of Forestry and the Forestry Reservation 
Commission, so appointed, shall be clothed with all 
the powers heretofore conferred by law respectively 
upon the Commissioner of Forestry and the Forestry 
Reservation Commission, so far as the same are con- 
sistent with the provisions of this act, and in ad- 
dition shall have full power, by and with the consent 
of the Governor, to purchase any suitable lands in 
any county of the Commonwealth that in the judg- 
ment of said Commission the State should possess 
for forest preservation: Provided, That in no case 
shall the amount paid for any tract of land, pur- 
chased under the provisions of this act, exceed the 
sum of ten* dollars per acre. Said commission shall 
also have full power to manage and control all the 
lands which it may purchase under the provisions 
of this act, as well as those that have heretofore been 
purchased and which are now owned by the State 
under existing laws. Said Commission is also em- 



Members to 
be sworn. 



Powers of 
the commis- 
sion. 



Purchase of 
land. 



Control of 
la»ds. 



"As amended by Act of May 14, 1915, infra, page 309. 



264 



GAME, FISH AND FORESTRY LAWS. 



May sell 
timber or 
lease min- 
eral rights. 



Publications 
in news- 
papers. 



Proviso. 



One-half net 
revenue to 
be paid to 
township. 



Proviso. 



powered to establish such rules and regulations with 
reference to control, management and protection of 
forestry reservations, and all lands that may be ac- 
quired under the provisions of this act, as in its 
judgment will conserve the interests of the Common- 
wealth, and wherever it shall appear that the wel- 
fare of the Commonwealth, with reference to refores- 
tation and the betterment of State Reservations, will 
be advanced by selling or disposing of any of the 
timber on forestry lands, the Commission is hereby 
empowered to sell such timber on terms most advan- 
tageous to the State; and said Commission is hereby 
empowered to make and execute contracts or leases, 
in the name of the Commonwealth, for the mining or 
removal of any valuable minerals that may be found 
in said forestry reservations, whenever it shall appear 
to the satisfaction of the Commission that it would 
be for the best interest of the State to make such 
disposition of said minerals; and provided, That such 
contracts or leases shall also be approved by the Gov- 
ernor of the Commonwealth after the proposed said 
contracts or leases shall have been duly advertised in 
at least three newspapers published nearest the reser- 
vation designated, for one month, in advance of said 
contract or lease, and the contracts or leases shall 
be awarded to the highest bidder and he or they shall 
have griven such bond as the commission shall desig- 
nate for the performance of his or their part of the 
contract, and the said bond shall have been approved 
by the court of the county wherein the contracts or 
leases are made: Provided, however, That when, 
by virtue of leases or contracts for removal of minerals 
and sale of timber from any lands purchased by the 
State for Forestry Reservations, there comes a net 
revenue to the State, one-half of said net revenue de- 
rived from lands situated in any township shall be 
paid by the State Treasurer to the treasurer of such 
township for application to township purposes and 
reduction of local tax levies in such township: Pro- 
vided, That there shall not be paid to any one town- 
ship, during any year more than twice the amount 
of taxes that would be received by such township from 
said lands if they were owned by individuals. 

Section 2. (Supplied by Act of May 5, 1911, P. L. 
163, which see infra p. 291). 



GAME, FISH AND FORESTRY LAWS. 



265 



Section 3. That the Commissioner of Forestry shall 
be the president and executive officer of the Forestry 
Reservation Commission, and also Superintendent of 
the State Forestry Reservations, and shall have im- 
mediate control and management, under the direction 
of the Forestry Reservation Commission, of all forest 
lands already acquired or which may hereafter be ac- 
quired by the Commonwealth, but the power so con- 
ferred upon said Commissioner of Forestry shall not 
extend to the enforcement of the laws relating to 
public health or the protection of fish and game. It 
shall be the duty of the Commissioner of Forestry to 
encourage and promote the development of forestry, 
and to obtain and publish information respecting the 
extent and condition of forest lands in the State, and 
to execute all rules and regulations adopted by the 
Forestry Reservation Commission for the enforcement 
of all laws designated for the protection of forests 
from fire and depredation ; and he is hereby em- 
powered to employ such detective service and such 
legal or other services as may be necessary for the 
protection of the forestry reservations owned by the 
Commonwealth and for the apprehension and punish- 
ment of persons who may violate any of the forestry 
reservation laws or any of the rules and regulations, 
which, under the powers herein given, may be 
adopted by the Forestry Reservation Commission: 
Provided, That the services so employed and the ex- 
penses that may thereby be incurred shall be approved 
by said Forestry Reservation Commission and the 
Governor of the Commonwealth. 

Section 4. The Commissioner of Forestry shall re- 
ceive a salary of three thousand dollars per annum, 
and in addition thereto shall be reimbursed for all 
necessary expenses of travel which may be incurred 
in the discharge of the duties of his office ; and the 
other members of the Forestry Reservation Commis- 
sion shall serve without salary, but shall be reim- 
bursed for all necessary expenses incurred by them 
in the performance of the duties of their office. 

Section 5. The Commissioner of Forestry shall have 
an office at the State Capitol, and it shall be the 
duty of the Board of Commissioners of Public Grounds 
and Buildings to provide, from time to time, the 
necessary rooms, furniture, apparatus and supplies 
for the use of the Department of Forestry created 
under the provisions of this act. 



Commis- 
sioner of 
Forestry to 
be President 
of Commis- 
sion, etc. 



Duties of 
Commis- 
sioner. 



May employ 
detectives. 



Proviso. 



Salary of 
the Commis- 
sioner. 

Traveling ex- 
penses of. 

Expenses of 
other mem- 
bers. 

Office to 
be provided 
and fur- 
nished. 



266 



GAME, FISH AND FORESTRY LAWS. 



Transfer «f 
unexpended 
appropria- 
tion. 



Clerk «f 
Commis- 
sioner. 

Salary of. 

Purchase 
money for 
lands; how 
to be paid. 



Title of 
lands ac- 
quired to be 
in Commom- 
wealtm. 



Lands not t« 
be subject 
to warrant, 
survey and 
patent, and 
to be 

exempt from 
taxatiom. 



May expe»d 
money for 
public roads. 

Expense* 
subject t« 
approval. 



Section 6. All moneys appropriated by the General 
Assembly in the general appropriation act of 1899 for 
the Division of Forestry of the State Department of 
Agriculture, as for salaries or contingent fund, which 
may remain unexpended at the time of the approval 
of this act, shall be transferred to and be vested in 
the Department of Forestry, hereby created ; and the 
clerk of the Commissioner of Forestry, hitherto ap- 
pointed under the law creatiDg the Department of 
Agriculture, shall be transferred from the Department 
of Agriculture to the Department of Forestry, on the 
same salary that he now receives. 

Section 7. The purchase money for lands acquired 
and all expenses that may be incurred, except the 
salaries of the Commissioner of Forestry and his 
clerk, shall be paid by the State Treasurer out of 
any moneys in the Treasury not otherwise appropri- 
ated, on warrant of the Auditor General, upon 
vouchers duly approved by resolution of the Forestry 
Reservation Commission and the Governor of the Com- 
monwealth . 

Section 8. The title of all lands acquired by the 
Commonwealth for forestry reservations shall be taken 
in the name of the Commonwealth and shall be held 
by the Commissioner of Forestry, and such lands shall 
not be subject to warrant, survey or patent, under 
the laws of the Commonwealth authorizing the con- 
veyance of vacant or unappropriated lands, and all 
such forestry reservation lands shall be exempt from 
taxation from the time of their acquisition. In all 
cases where lands have been purchased, or may here- 
after be purchased by the Forestry Reservation Com- 
mission for forest reservations, where there are pub- 
lic roads, regularly established, running into or 
through said land, the Commissioner of Forestry, 
under such rules and regulations as the Forestry 
Reservation Commission is hereby authorized to 
adopt, may expend a sum not exceeding twenty-five 
dollars per mile in each year for the maintenance, re- 
pair or extension of any such roads, and on roads bor- 
dering on reservations one-half of this rate per mile 
may be expended. All expenses that may thus be in- 
curred shall be subject to the approval of the Forestry 
Reservation Commission and the Governor of the 



GAME, FISH AND FORESTRY LAWS. 



aer 



Commonwealth, and shall be paid in the same manner 
as other expenses are provided for in this act. 

Since the passage of the Act of April 5, 1905, P. L. Ill, 
making a fixed charge of 2 cents per acre for road purposes 
against State lands held for forest reserves, the above privi- 
lege under Sec, 8 has not been exercised by the Department. 

Section 9. The Commissioner of Forestry shall re- 
ceive the moneys to which the State may be entitled 
by virtue of the sale of any timber, or by virtue of 
any leases or contracts relating to the disposition of 
minerals, as hereinbefore provided, and he shall im- 
mediately pay the same over to the State Treasurer 
as a part of the revenue of the Commonwealth. The 
said Commissioner of Forestry shall give his bond to 
the Commonwealth, with two sureties, to be approved 
by the Governor, in the sum of ten thousand dollars, 
for the faithful discharge of the duties imposed by this 
act and for the proper accounting of any moneys to 
the Commonwealth that may come into the hands 
by virtue of his position as Commissioner of For- 
estry . 

Section 10. That all acts or parts of acts incon- 
sistent with the provisions of this act be and the same 
are hereby repealed. 

Approved— The 25th day of February, A. D. 1901. 
WILLIAM A. STONE. 



Dlspositi** 
of mosey 
received. 



Comomis- 
sioner of 
Forestry 
shall give 
bond of 
|10, Odt. 



Reptal. 



AN ACT 

For the better protection of timber lands against fire, im r j 
and providing for the expenses of the same, and hj/ 
directing what shall be done with the fines collected 
and costs paid. 

Section 1. Be it enacted, &c, That when the com- 
missioners of any county or counties fail to "appoint whem the 
persons under oath, whose duty it shall be to ferret Commls- 
out and brine to punishment all persons or corpora- eioner of 
tions who either wilfully or otherwise enuse the burn 
ing of timber lands," within their respective counties ; 
as is provided for by the act of July 15th, 1897, or and"employ 
when they hnve appointed inefficient persons to do attorneys 
the work aforesaid; the Commissioner of Forestry 
may, on the request of residents of a county in whicfe 



Forestry 
may appoint 
detectives 



268 



GAME, FISH AND FORESTRY LAWS. 



Expenses 
incurred. 



Fines 
collected. 



When pay- 
ment to 
county com- 
missioners 
may be re- 
fused. 



such fires have been created, or on the request of 
the owner or owners of land which has been injured 
by the fires so created, appoint a detective or detec- 
tives, and employ an attorney or attorneys, to ferret 
out and bring to punishment, as aforesaid, those who 
cause the burning of timber lands ; and all expenses 
incurred by the Commissioner of Forestry under the 
operation of this act shall be paid by the State Treas- 
urer, on warrant drawn by the Auditor General, if 
the said bills shall be approved by the Governor and 
the Commissioner of Forestry ; and all the fines col- 
lected shall be paid by the magistrate or by order of 
the court to the Commissioner of Forestry, and be 
paid by him to the Treasurer of the Commonwealth. 

Section 2. When conviction is obtained, under the 
provisions of this act, of persons or corporations caus- 
ing the burning of timber lands, then the Auditor 
General, on the request of the Commissioner of 
Forestry, may refuse to pay the State's share of the 
money due to the county for the services of the per- 
son or persons, appointed by the county commis- 
sioners, to ferret out and bring to punishment those, 
who caused forest fires in the district where such 
persons served as fire detectives, to make arrests and 
secure convictions, and for which conviction was ob- 
tained by the detectives appointed by the Commis- 
sioner of Forestry. 

Approved— The 2d day of May, A. D. 1901. 

WILLIAM A. STONE. 



AN ACT 

1901 P. L. Authorizing boroughs of this Commonwealth to re- 
569. quire the planting of shade-trees along the public 

streets thereof, by the owners of abutting property, 

in certain cases. 

Boroughs Section 1. Be it enacted, &c. That the burgess 

may require and council of any borough of this Commonwealth, 
the planting upon the petition of a majority of the property owners 
trees i by u P on an y Public street thereof, may by ordinance re- 

abutting quire the planting and replanting of suitable shade- 

owners, trees along and upon either side of any such street, 

upon such alignment and at such points as may by 
such ordinance be designated, by the owner or owners 



GAME, FISH AND FORESTRY LAWS. 

of property abutting the street at the points desig- 
nated ; and on failure of any such owner or owners 
after reasonable notice to comply with the terms of 
any such ordinances, the said authorities may cause 
such trees to be planted or replanted at the expense 
of the borough ; and thereupon, in the name of the 
borough, collect such expense from the owner or 
owners in default, as debts of like amount are by 
law collect;! ble: Provided, That the said authorities 
shall not require the planting or replanting of trees 
at any point or points which may interfere with the 
necessary or reasonable nise of any street or abutting 
property, or interfere unreasonably with any business 
thereon conducted. 
Approved— The 17th day of June, A. D. 1901. 

WILLIAM A. STONE. 



AN ACT 

To encourage the planting of trees along the roadsides 19 oi, v 
of this Commonwealth, and providing a penalty for 610.' 
killing, removing or injuring the same; what dis- 
position is to be made of moneys collected as penal- 
ties, and for keeping a record by the supervisor of 
roads or boards of supervisors of roads of the trees 
so planted and upon which a tax abatement has been 
granted. 



NOTE.— With the possible exception of a portion of section 
6, this act is rendered inoperative by the decision in Tubbs 
v. Tiopra, 32 C. C. 604, and subsequent legislation. See pages 
hereinafter. 

Section 5. Any person who shall cut down, kill 
or injure any living tree, planted or growing natur- 
ally as aforesaid, (that is, by the roadside), or who 
negligently or carelessly suffers a horse or other do- Negli . 
mestic animal, driven by or for him, to injure any ge nce, etc. 
trees hereinbefore mentioned, upon conviction thereof 
shall be subject to a penalty of not less than one dol- 
lar, nor more than five dollars, with costs of suit, 
for each and every tree so cut down, killed, removed 
or injured: Provided, That if the defendant or de- Proviso, 
fendants neglect or refuse to pay at once the penalty 
so imposed and costs, or shall not enter sufficient bail 



27i 
Fi»e. 

Pe»*l*r. 



GAME, FISH AND FORESTRY LAWS. 

for the payment of the same within ten days, he or 
they shall be committed to the common jail of the 
county in which the offense was committed, for a 
period of not less than one day for each dollar of 
penalty imposed and costs. 
Approved— The 2d day of July, A. D. 1901. 

WILLIAM A. STONE. 



we. 

24. 



F. L. 



AN ACT 

Conferring upon persons employed, under existing 
laws, by the Commissioner of Forestry, for the pro- 
tecting of State Forestry Reservations, after tak- 
ing the proper oath of office, the same powers as 
are by law conferred upon constables and other 
peace officers ; to arrest, without first procuring a 
warrant, persons reasonably suspected by them of 
offending against the laws protecting timber lands ; 
also conferring upon them similar powers for the 
enforcement of the laws and rules and regulations 
for the protection of the State Forestry Reserva- 
tions, and for the protection of the game and fish 
contained therein ; and further, conferring upon 
them power to convey said offenders into the proper 
legal custody, for punishment; this act to apply 
only to offenses committed upon said reservations 
and lands adjacent thereto. 

_ . f Section 1. Be it enacted, &c, That the persons 

Oommis- 8 employed, under existing laws by the Commissioner 
sioner of of Forestry, for the protection of State Forestry 

Forestry. Reservations, shall, after taking the proper official 

oath before the clerk of the court of quarter sessions 
of any county of the Commonwealth, be vested with 
the same powers as are by existing laws conferred 
upon constables and other peace officers ; to arrest on 
view, without first procuring a warrant therefor, per- 
sons detected by them in the act of trespassing upon 
any forest or timber land within this Commonwealth, 
under such circumstances as to warrant the reason- 
able suspicion that such person or persons have com- 
mitted, are committing, or are about to commit, some 
offense or offenses against any of the laws now enacted 
or hereafter to be enacted for the protection of forests 
and timber lands. Such officers shall likewise be 




Powers 
rested ii 



Forest and 
timber U«d. 



GAME, FISH AND FORESTRY LAWS 



271 



State For- 
estry Reaer- 
yation. 

ProTis*. 



rested with similar powers of arrest, in the case of 
offenses against the laws or the rules and regulations 
enacted or to be enacted for the protection of the 
State Forestry Reservation, or for the protection of 
the fish and game contained therein: Provided, That 
the above mentioned rules and regulations shall have 
been previously conspicuously posted upon the reser- 
vation. Said officers shall further be empowered, and 
it shall be their duty immediately upon any such ar- 
rest, to take and convey the offender or offenders be- 
fore a justice of the peace or other magistrate having 
jurisdiction, for hearing and trial, or other due pro- 
cess of law: Provided, further, That this act shall Prorls*. 
extend only to the case of offenses committed upon 
said Forestry Reservations and lands adjacent there- 
to ; and the powers herein conferred upon said offi- 
cers shall not be exercised beyond the limits thereof, 
except where necessary for the purpose of pursuing 
and arresting such offenders, or of conveying them 
into the proper legal custody, for punishment, as 
aforesaid . 

Section 2. All acts or parts of acts inconsistent 
herewith be and the same are hereby repealed. 

Approved— The 11th day of March, A. D. 1903. 
SAMUEL W. PENNYPACKER 



Limitation. 



Repeal. 



AN ACT 

To empower the Commissioner of Forestry and the 
Forestry Reservation Commission to give street rail- 
way companies the privilege to construct, maintain 
and operate their lines of railway over, along and 
upon public highways within or bordering on forest 
reservations owned by the Commonwealth. 

Section 1. Be it enacted, &c, That the Commis- 
sioner of Forestry and the Forestry Reservation Com- 
mission are hereby authorized and empowered to give 
to street railway companies, duly incorporated under 
the laws of this Commonwealth, upon such terms and 
subject to such restrictions and regulations as said 
Commissioner and Commission may deem proper, the 
privilege to construct, maintain and operate their 
lines of railway over, along and upon public high- 
ways, now laid out and in actual use, which lie with- 



1993, 
20t. 



P. L. 



Commis- 
sioner of 
Forestry and 
the Forestry 
Reservation 
Commission, 
empowered 
to give cer- 
tain privi- 
leges to 
street rail- 
way com- 
panies. 



472 



GAME, FISH AND FORESTRY LAWS 



Highways 
bordering on 
or within 
forest reser- 
vations. 



in or border on any forest reservations now owned or 
hereafter to be acquired by the Commonwealth, when- 
ever in the judgment of the said Commissioner and 
Commission the interests of the Commonwealth in the 
said reservations shall be benefited thereby. 
Approved— The 15th day of April, A. D. 1903. 

SAMUEL W. PENNYFACKER. 



1903, 
201. 



Forestry- 
Reservation 
Commission. 
Limiting 
amount of 
money to be 
expended by, 
annually. 



Special fund. 



Expenditure 
of. 



Repeal. 




AN ACT 

To limit the amount of money expended each ye 
by the State Forestry Reservation Commission in 
the purchase of lands for the Commonwealth. 

Section 1. Be it enacted, &c, That from and after 
the passage of this act, the amount of money ex- 
pended by the State Forestry Reservation Commis- 
sion for the purchase of lands in any one fiscal year, 
shall not exceed the sum of three hundred thousand 
dollars: Provided, That contracts heretofore made 
for the purchase of land by the State Forestry Reser- 
vation Commission shall not be affected by this act. 
All proceeds derived from the lands purchased by the 
said Commission shall be paid into the State Treas- 
ury, and shall be held as a special fund, and shall 
be paid by" the State Treasurer to the said Commis- 
sion, from time to time, upon warrants drawn by the 
Commissioner of Forestry and countersigned by the 
Auditor General, for the purpose of assisting in de- 
fraying the necessary expenses of protecting and im- 
proving the said lands, or for the purchase of ad- 
ditional land. 

Section 2. All acts or parts of acts inconsistent 
herewith are hereby repealed. 

Approved— The 15th day of April, A. D. 1903. 

SAMUEL W. PENNYFACKER 



GAME, FISH AND FORESTRY LAWS. 273 

AN ACT 

Directing the Commissioner of Forestry to erect 1 9 03i P l. 
buildings on the Mont Alto Reservation or to pur- 373.' 
chase land and buildings adjacent to the said reser- 
vation, wherein to provide instruction in forestry, 
to prepare forest wardens for the proper care of 
the State Forestry Reservation lands and making 
an appropriation therefor. 



Section 1. Be it enacted, &c, That the Commis 
sioner of Forestry is hereby directed, under the ad- tion 
vice of the State Forestry Reservation Commission, 
the Mont Alto State Forestry Reservation or to erect 
buildings on said Reservation, at a cost not to ex- 
ceed six thousand dollars, and to establish and pro- 
vide therein and on said Reservation practical in- 
struction in forestry, to prepare forest wardens for 
the proper care of the State Forestry Reservation 
lands: the said instruction not to cost a sum exceed- 
ing ten thousand dollars, for the two fiscal years 
ending June first, one thousand nine hundred and 
five: and the sum of sixteen thousand dollars, or so 
much thereof as may be necessary, is hereby appro- 
priated, out of moneys not otherwise appropriated for 
said purposes ; to be paid by warrant drawn by the 
Auditor General upon resolution of the State Forestry 
Reservation Commission. 

Approved— The 13th dav of Mav, A. D. 1903. 

SAMUEL W. PENNYFACKER. 



Appropria- 



AN ACT* 

Providing a fixed charsre on lands acquired by the 1- 
State for Forestry Reserves, and the distribution ill. 
of revenue, so derived, for school and road pur- 
poses. 

Whereas, The Commonwealth of Pennsylvania is Pre , 
acquiring large tracts of lands, in its several coun- 
ties, for ^he purpose of establishing forest reserva- 
tions ; and 

•See later act relating to charge for schools. 
18 



274 



GAME, FISH AND FORESTRY LAWS. 



Forest re- 
serves. 



Annual 
charge 
against. 



Certificate 
as to num- 
ber of acres, 
etc. 



Payment to 
school dis- 
tricts and 
townships. 



Whereas, The purchasing of said lands by tht 
Commonwealth makes said lands exempt from taxa- 
tion ; and 

Whereas, Because of said exemption from taxa- 
tion, districts in the several counties lose the reve- 
nue, secured from said prior taxation, and works 
a hardship upon the citizens thereof, by compelling 
them to make up the loss on school and road-taxes 
thus brought about: 

Section 1. Be it enacted, &c, That from and after 
the passage of this act, all lands acquired by the 
Commonwealth for forest reserves, and now exempt 
from taxation, shall be subject to an annual charge 
of three cents per acre, for the benefit of the schools 
in the respective districts in which said reserve or 
reserves are located, and two cents per acre, for the 
benefit of the roads in the townships where said re- 
serve or reserves are located. 

Section 2. The Commissioner of Forestry shall cer- 
tify to the respective school districts and townships, 
throughout the Commonwealth, in which forest re- 
serves are located, the number of acres owned by the 
Commonwealth in each district or township, upon ap- 
plication of the treasurer or road supervisors of any 
of the said districts or townships, and the charge 
against the same ; and shall, furthermore, certify to 
the State Treasurer the number of acres as aforesaid, 
and the charge against the same and in favor of the 
respective districts and townships. The State Treas- 
urer shall, upon the approval of the proper warrants 
of the Commissioner of Forestry, pay to the several 
school districts and townships the amounts due the 
same from the Commonwealth, and derived under this 
act, upon due application therefor made by the treas- 
urers or road supervisors of the said districts and 
townships. 

Approved— The 5th day of April, A. D. 1905. 

SAMUEL W. PENNYFACKER. 



GAME, FISH AND FORESTRY LAWS. 



275 



AN ACT 

To empower the Commissioner of Forestry and the 1905 P L . 
Forestry Reservation Commission to give to bor- 156.' 
oughs and other municipalities the privileges of 
impounding water on Forest Reservations owned 
by the Commonwealth, and of constructing, main- 
taining and operating lines of pipes over and through 
the same for the purpose of conveying water there- 
from. 



Section 1. Be it enacted, &c, That the Commis- 
sioner of Forestry and the Forestry Reservation 
Commission are hereby authorized and empowered 
to give to boroughs and other municipalities of this 
Commonwealth, upon such terms and subject to such 
restrictions and regulations as said Commissioner 
and Commission deem proper, the privilege of im- 
pounding water upon any Forest Reservations, now 
owned or hereafter to be acquired by the Common- 
wealth, and of constructing, maintaining and operat- 
ing lines of pipes upon and through said reservations, 
for the purpose of conveying water therefrom, when- 
ever in the judgment of the said Commissioner and 
Commission it shall be to the public interest so to do. 

Approved— The 14th day of April, A. D. 1905. 

SAML. W. PENNYPACKER. 



Forestry 
reserva- 
tion. 



Privileges 
of boroughs 
anil munici- 
palities. 

Pipe-lines. 



AN ACT 

To provide for the planting and care of shade trees, 1907 
on highways of townships of the first class, bor- 849 / 
oughs, and cities of the Commonwealth of Pennsyl- 
vania, and providing for the cost thereof. 

Section 1. Be it enacted, &c, That in townships 
of the first class, boroughs, and cities of the Com- 
monwealth of Pennsylvania there may be appointed, 
in the manner hereinafter provided a Commission 
of three freeholders, to be known and designated as 
the Shade-tree Commission of the said township, bor- 
ough, or city, who shall serve without compensation, 
and who shall have exclusive and absolute custody 
and control of, and power to plant, set out, remove, 
maintain, protect, and care for shade trees, on any 
of the public highways of the said townships, bor- 



p. L. 



Shade trees. 



Sh:nU'-tree 
Commission. 



276 



Proviso. 

Existing 
park com- 
missions. 



GAME, FISH AND FORESTRY EAWS 



Acceptance 
of this act. 



Terms of 
commis- 
sioners. 



Appoint- 
ments. 



Annual re- 
port. 



oughs, and cities, the cost thereof to be provided for 
in the manner hereinafter stated: Provided, That in 
townships, boroughs, or cities in which a Commis- 
sion for the care of public parks shall have been 
created, said Commission shall, upon the acceptance 
of this act as provided in section two, be charged 
with the duties of the Commission as above provided, 
and shall, for that purpose be possessed of all the 
powers herein mentioned and granted. 

Section 2. The commissioners of any township of 
the first class, or the councils of any borough or city, 
in the State of Pennsylvania, may, by majority vote 
in the case of the commissioners, or by joint resolu- 
tion in the case of the councils, accept the provisions 
of this act, and when such majority vote or joint reso- 
lution shall have been duly passed and approved, and 
such Shade-tree Commissioners appointed, or, in 
their stead, the duties and powers herein provided 
have been devolved upon an existing park commission, 
then, from that time and in that event, this act and 
all its provisions shall be in full force and application 
in such township of the first class, borough, or city, 
so accepting ; and such commissioners shall be ap- 
pointed, for terms of three, four and five years, re- 
spectively, and, on the expiration of any term, the 
new appointment shall be for five years, and any va- 
cancies shall be filled for the unexpired term only; 
and in townships of the first class the said appoint- 
ment shall be made by the commissioners thereof; and 
in boroughs, by the chief burgess, and in cities by the 
mayor thereof: Provided, That in cities where a 
Commission exists for the care of public parks, the 
term and appointment of such Commission shall not be 
changed by this act, but shall be and remain as 
provided by the act of Assembly, and by the or- 
dinance of councils creating such Commission for 
the care and maintenance of public parks. And such 
Shade-tree Commission shall, twice in every year, 
report in full its transactions and expenditures for 
the municipal fiscal year then last ended, to the au- 
thority under and by which it was appointed: Pro- 
vided, That an existing park commission, acting 
under this enactment, may embody its report in its 
regular report. to the councils, as by law or ordinance 
provided . 






GAME, FISH AND FORESTRY LAWS. 



277 



Section 3. That when such shade-tree commis- 
sioners, or park commissioners so acting, shall pro- 
pose the setting out or planting or removing of any 
shade trees, or the material changing of the same in 
any hignway, they shall give public notice of the 
time and place appointed for the meeting at which 
such contemplated work is to considered, specify- 
ing in detail the highways, or portion thereof, upon 
which trees are proposed to be planted, removed, or 
changed, in one or more — not exceeding two in all — 
of the newspapers published in said township, bor- 
ough, or city, once each week for at least two weeks, 
prior to the date of said meeting. 

Section 4. The cost of planting, transplanting, 
or removing any trees in any highways, and of suit- 
able guards, curbing, or grading for the protection 
thereof, when necessary, and of the proper replacing 
of any pavement or sidewalk necessarily disturbed in 
the doing of such work, shall be borne by the owner 
of the real estate in front of which such trees are 
planted, set out, or removed; and the cost thereof 
as to each tract of real estate shall be certified by 
the commissioner to the township commissioners, or 
to the presidents of the councils in boroughs and 
cities, and also to the person having charge of the 
collection of taxes for the said township, borough, 
or city; and upon the filing of said certificates, the 
amount of the cost of such improvement, of which 
notice shall also be given to each property owner in- 
volved, accompanied with a copy of the aforesaid cer- 
tificate, together with a notice of the time and place 
for payment, shall be and become a lien upon said 
real estate, in front of which said trees have been 
planted, set out, or removed; said lien to be col- 
lectible, if not paid in accordance with notice as 
herein provided, in the same manner as other liens 
for taxes are now collectible against the property 
involved . 

Section 5. The cost and expense of caring for 
said trees after having been planted or set out, 
and the expense of publishing the notices provided 
for in section three, shall be borne and paid for by 
a general tax, to be levied annually in the manner 
that taxes for township, borough, and city purposes 
are now levied in such townships of the first class, 
boroughs, or cities; such tax not to exceed the sum 
of one-tenth of one mill on the dollar on the assessed 



Tree-plant- 
ing, etc. 



Notice shall 

be pub- 
lished. 



Cost of 
planting, 
transplant- 
ing, etc. 



Certificates. 



Lien. 



Cost of care 
and publica- 
tion. 



Tax. 



278 



GAME, FISH AND FORESTRY LAWS. 



Appropria- 
tion. 



Superin- 
tendent, 
Kineer, 
wardens, 
etc. 



Regulation 



Fine and 
penalties. 



Disposition 
of fines, 
etc. 



valuation of the property in such townships of the 
first class, boroughs, or cities; and the needed amount 
shall each year, in due time, be certified by the shade- 
tree commissioners to the proper authorities charged 
with the assessment of taxes in said townships, bor- 
oughs, or cities, to be assessed and paid, as other 
taxes are assessed and paid, and to be drawn against 
as required by said commissioners, in the same man- 
ner as moneys appropriated for township, borough, 
or city purposes are now drawn against in said town- 
ships, boroughs or cities provided that the commis- 
sions of any township of the first class and the 
councils of any borough or city, accepting the pro- 
visions of this act, may provide for the expense of 
the maintenance of trees on highways, in accordance 
with the provisions of this section by actual appro- 
priation, equal to the amount certified to be required 
by the said Commission, in lieu of the specific as- 
sessment above authorized. 

Section 6. The Commission, under which the pro- 
visions of this act shall be carried out, in any town- 
ship of the first class, borough, or city, shall have 
power to employ and pay such superintendents, en- 
gineers, foresters, tree-wardens, or other assistants, 
as the proper performance of the duties devolving 
upon it shall require; and to make, publish and en- 
force regulations for the care of, and to prevent in- 
jury to, the trees on the highways of any townships, 
borough, or city accepting the provisions of this act; 
and to assess suitable fines and penalties for violations 
of this act, provided such regulations shall have been 
published at least twice in one or more, not ex- 
ceeding two, newspapers of the township, borough, 
or city, involved, after having been submitted to 
and being approved by the commissioners of the town- 
ship of the first class, or the councils of the borough 
or city affected; and such fines and penalties, so 
assessed for violations of this act, shall become liens 
upon the real property of the offender, and be col- 
lectible by the constituted authorities, as liens for 
taxes upon real property are now collected. 

Section 7. All the moneys due and collected from 
fines or penalties or assessments, in consequence of 
the acts of said Shade-tree Commission in enforcing 
this act, shall be paid to the treasurers of the town- 
ships, boroughs, and cities accepting its provisions, 



GAME, FISH AND FORESTRY LAWS. 



279 



and shall be placed to the credit of said commission, 
subject to be drawn upon by the said commission for 
the purposes of this act. 

Section 8. All acts and parts of acts inconsistent 
with this act are hereby repealed. 

Section 9. This act shall take effect immediately; 
but its provisions shall not be and become binding 
upon any township, borough, or city until it has 
been duly accepted, as provided in section two. 

Approved— The 31st day of May, A. D. 1907. 

EDWIN S. STUART. 



Repeal. 



AN ACT 

Establishing precautionary regulations to prevent for- 
est fires on lands in which oil-wells and gas-wells 
are situated, and diminish danger therefrom; mak- 
ing certain violations thereof misdemeanors, and 
prescribing punishment for the same, and in other 
cases affixing penalties and declaring liabilities for 
damages . 

Section 1. Be it enacted,, &c, That fallows, 
stumps, logs, brush, dry grass, fallen timber, or 
tree-tops shall not be burned in any forest lands 
of this Commonwealth, in which they are producing 
oil-wells or gas- wells, or rigs erected for drilling 
such wells, from the first day of April in each year 
to the twentieth day of May next ensuing, nor from 
the tenth day of September in each year to the tenth 
day of November next ensuing. Excepting during 
the periods aforesaid, fires may be set in lands upon 
the following conditions: First, that written permis- 
sion thereto, of the fire-warden of the proper town- 
ship, shall first be obtained; second, said fire warden 
shall be personally present when such fire is started ; 
third, such fire shall not be started during a strong 
wind, nor without sufficient help to control the same 
at all times: fourth, such fire shall be watched and 
guarded, by the person by whom it is started, until it 
is extinguished. No fires shall be set, or allowed to 
burn, in said lands, excepting upon compliance with 
the conditions aforesaid. Any person violating any 
provisions of this section shall be deemed guilty of a 



1907. P. L. 
627. 



Forest fires, 
regulations 
to prevent. 
Lands upon 
which are 
oil and gas 
wells. 

When fires 
may not be 
started. 

When tires 
may be 

started. 

Conditions. 



Violations. 



.m 



GAME, FISH AND FORESTRY LAWS. 



Misde- 
meanor. 



Fine. 



Commit- 
ment. 

Provis*. 

Appeal. 

Rail. 



Annual 
clearance of 
lands of in- 
flammable 
material. 



Neglect. 
Fi»e. 



misdemeanor; and, upon being convicted thereof be- 
fore any alderman or magistrate, shall be fined by 
the said alderman or magistrate, — for the first offense, 
in the sum not less than ten dollars or more than 
twenty dollars, and for the second, and every subse- 
quent, offense, in a sum not less than twenty nor 
exceeding one hundred dollars, to be paid to the 
county wherein such offense may be committed; and 
if said fine or penalty and the costs of the proceed- 
ings be not paid, then said alderman or magistrate 
shall commit said offender to the county jail, there 
to remain until discharged by due course of law: 
Provided, That when the fine imposed exceeds the 
sum of twenty dollars, the party complained against 
may appeal from the decision of said alderman or 
magistrate to the court of quarter sessions, upon his 
entering bail, in the nature of a recognizance, in the 
usual manner, for his appearance at said court, where 
the offense shall be prosecuted in the same manner as 
is now directed by law in other cases of misdemeanor. 
Section 2. Any owner or lessee of any forest lands, 
or owner of trees growing upon said lands, or any 
person in charge of the premises upon which lands 
there are producing oil-wells or gas-wells, or rigs 
erected for drilling such wells, shall, at least once in 
each year, cause to be removed from said lands all 
brush, tree-tops and branches of trees, which such 
owner, lessee, or other person in charge of the 
premises, may have cut or felled thereon, within one 
hundred feet, respectively, of all such wells or rigs; 
and shall, at least once in the year, cause to be re- 
moved from said land all grass, brush, tree-tops, and 
branches of trees, and other inflammable material, 
within one hundred feet of the right of way of any 
railroad company operating thereon ; to the end that 
during the spring and autumn season, as defined in 
the first section of this act, the said area shall be 
free and clear of such inflammable material. In case 
any person, partnership, or corporation shall neglect 
to perform the duty imposed by this section, the same 
shall be liable to a penalty of fifty dollars for failure, 
in any instance, to comply with the duty imposed 
by this section ; to be paid to the county where the 
offense may be committed, recoverable in an action 
of assumpsit, in which the county wherein such vio- 
lation occur shall be the plaintiff. 



GAME, FISH AND FORESTRY LAWS. 



281 



Section 3. Every railroad company shall, on such Duties »f 
part of its road as passes through forest land on "mpaaies 
which there are producing oil-wells or gas wells, or 
rigs erected for drilling such wells, cut and remove 
from its right of way through said lands, at least 
once a year, all grass, brush and other inflammable 
materials ; employing, in the seasons defined in the 
first section of this act, sufficient trackmen to 
promptly put out fires on its right of way ; provide 
locomotives thereon with steel netting or iron wire on 
the smokestacks or other efficient spark-arresters, to 
prevent the escape of fire or sparks, and adequate de- 
vices to prevent the escape of fire from ash-pans and 
furnaces, and the same shall be used by every engi- 
neer and fireman on such part of its road. No rail- 
road company, or employe thereof, shall deposit fire, 
coals or ashes on its track or right of way near such 
lands. In case of fire on its own or neighboring lands, 
within one hundred feet of its tracks, the railroad 
company shall use all practicable means to put it out. 
In case of any violation of the provisions of this sec- 
tion, such railroad company shall be answerable to the 
owner or owners of any property destroyed or injured 
by fire in consequence of such violation ; and 
said company shall further be liable to a penalty of Penalty 
one hundred dollars for such violation, to be paid to 
the county wherein the violation may occur, recover- 
able in all action of assumpsit in which the county 
wherein such violation occurs shall be the plaintiff. 

Approved— The 12th day of June, A. D. 1907. 

EDWIN S. STUART. 



Spark ar- 
resters. 



Fires. 



Violations. 



AN AOT 

To protect trees growing by the roadsides and within 19W p L 
the road limits ; and providing a penalty for the 97 * 
unlawful killing, the removal of, or injury to the 
same. 

Section 1. Be it enacted, &c, That where any Trees w.1*h»' 

public highway in this Commonwealth passes through highway 

or along forested lands, wild lands, or uncultivated i imits - 
lands, no trees growing within the limits of the said . . 

highway, at a distance beyond fifteen feet on either uncuittratei 

side of the center-line of said highway, which shall lands. 
measure four inches or over in diameter at a point 



282 



GAME, FISH AND FORESTRY LAWS 



Beyond fif- 
teen feet 
from center 
line of roud. 



Consent of 

abutting 

owner. 



Appeal. 



Hearing. 
Order. 
Proviso. 
Brush, etc. 
Proviso. 



Cultivated 
lands. 



Tutting 
shall be nec- 
essary. 



Notice to 

abutting 

owners. 



two feet from the surface of the ground, shall be 
cut down or destroyed by the commissioners, super- 
visors, or road-masters employed by them, or any 
other person, without first obtaining the consent of 
the abutting owners. If any board of commissioners 
or supervisors deem the removal of any such trees, 
beyond said limit of fifteen feet on each side of the 
centre-line of said highway, necessary for the improve- 
ment of the road, and the consent of the abutting 
property owners cannot be obtained, the board of 
commissioners or supervisors may appeal the matter 
to the judire of the court of the proper district; who 
is hereby directed to examine and inquire into all such 
subjects of dispute which may be referred to him, and, 
baring due regard for the demand of road improve- 
ment as well as for the preservation of the trees, 
shall, after hearing all parties in interest, make such 
order in respect thereof as to him shall appear rea- 
sonable, equitable, and just; and from whose de- 
cision there shall be no appeal: Provided, That the 
commissioners or supervisors shall at all times have 
the rijrht to clear out brush and other refuse from 
filon' r the sides of the road, to the legal width thereof; 
And provided further, That all such clearing and re- 
m«»v;il of hrush and refuse shall be ennfined to growth 
that is und"r the limit hereinabove described, and to 
thf removal of branches that in anv way interfere with 
public trnvd ; and that no other injury, by fire, cut- 
ting, abrasion, or otherwise, shall be done to the 
standing timber. 

Section 2. Whenever any public highway running 
through improved or cultivated lands, in this Common- 
wenlrh, has been opened, and there shall be growing 
alonff the roadsides, and within the road limits, shrubs 
or trees not interfering with public travel, no board 
of supervisors or road-masters or other persons in 
thfir employ, shall remove, cut, injure, or destroy 
or in any other manner interfere wi f h, sueh shrubs 
or rrees, unless said removal or cutting shall be ab- 
solutely necessary for the purpose of maintaining the 
hisrhway at its best and highest efficiency; and, then, 
not until the abutting property owners shall have re- 
ceived notice thereof, and an agreement shall have 
been entered into between the local highway authori- 
ties and the abutting property owners relating to the 
removal, cutting, or interference with said trees. If 
the said parties shall be unable to arrive at an agree- 



GAME, FISH AND FORESTRY LAWS 



283 



ment in respect thereto, the same shall be referred 
to a judge of the proper court, as aforesaid. Said 
judge shall examine and inquire into the subject of 
controversy, and, in like manner, render his decision, 
as provided for in section one of this act; and from 
which decision there shall be no appeal. 

Section 3. All logs, cord wood, branch wood, or 
other forms of wood, which shall be derived from 
the destruction or removal of any trees growing along 
the public highways of this Commonwealth, as afore- 
said, shall be surrendered to, and remain the prop- 
erty of, the respective abutting owners. 

Section 4. Nothing in this act shall be so construed 
as to prevent the local highway authorities, anywhere 
in this Commonwealth, from removing such roadside 
trees which may be thrown down by the wind, or 
lodged in such position as to be a menace to public 
travel, or which, by reason of any other cause, be- 
come a source of danger to the public and ought to 
be removed ; but every such act of removal on the 
part of the hhrbway authorities shall always be made 
with due regard to the circumstances in such case, so 
as to preserve the true intent and purpose of this 
act. 

Section 5. The term "highway authorities" in this 
act shall be construed to mean any person who, by 
law shall be vested with the power to deal in any 
manner with the public highways of this Common- 
wealth, and shall include the officials of the State 
Highway Department, supervisors, road-masters, and 
all persons employed by them in any capacity, or who 
exercise any authority over said roads or highways. 

Section 6. If any commissioner, supervisor, road- 
master, or person in their employ, or any other per- 
son, shall cut down, kill, or injure any living tree, 
growing as aforesaid, and of a size four inches in di- 
ameter, or greater, at a point two feet from the sur- 
face of the ground, or shall violate any other pro- 
vision of this act, he shall be guilty of a misdemeanor, 
and, upon conviction thereof, shall be subject to a 
penalty of not more than five dollars for every tree 
so cut, injured, or destroyed, with costs of suit; to be 
recovered in an appropriate action to be brought be- 
fore any magistrate, alderman, or justice of the peace 
of the county wherein the said offense was committed, 
who, upon affidavit of any person, duly presented, is 
hereby authorized and directed to issue his warrant 



Appeal. 



Decision. 



Logs, cord- 
wood, etc. 



Windfalls, 

etc. 



Menace to 

travel. 



"Highway 

authorities' 
construed. 



Violations. 



Misde- 
meanor 



Fine. 



284 
Hearing. 



Commit- 
ment. 



Repeal. 



GAME, FISH AND FORESTRY LAWS. 

to any person empowered to make arrests, directing 
him to arrest the person so charged. The said magis- 
trate, alderman, or justice of the peace shall, there- 
upon, proceed to hear both the complainant and the 
defendant and their witnesses, and shall forthwith de- 
cide as to him shall appear to be just and right. If 
any defendant upon conviction for any offense shall 
fail or refuse to pay the fine and costs which may 
be imposed upon him, or shall not give bond with 
approved surety to pay the same within ten days, 
he shall be committed to the jail of the county wherein 
the offense was committed, there to remain for a 
period not to exceed thirty days, or until he shall, 
in the meantime, have paid the said fine and costs 
in full. 

Section 7. All acts or parts of acts in conflict here- 
with be and the same are hereby repealed. 

Approved— The 1st day of April, A. D. 1909. 

EDWIN S. STUART. 



1909, 
124. 



P. L. 



Whereas. 



Whereas. 



AN ACT 

To permit the acquisitions of forest or other suitable 
lands by municipalities for the purpose of estab- 
lishing municipal forests; and providing for the 
administration, maintenance, protection, and de- 
velopment of such forests. 

Whereas, It has been demonstrated by time and ex- 
perience in the countries of continental Europe that 
properly managed municipal forests have proved to be 
important sources of municipal revenue, tending 
greatly to reduce the burden of municipal taxation ; 
and 

Whereas, Many of the townships, boroughs, and 
cities of this Commonwealth are so located that it 
would be proper and expedient for them to possess 
tracts of land to be used for the purposes of municipal 
forests, in many instances conserving and protecting 
the water supply and promoting the healthfulness of 
said municipality, and capable, as well, as yielding 
revenue applicable to the purposes of such municipali- 
ties; therefore:— 



i 



GAME, FISH AND FORESTRY LAWS. 



285 



Section 1. Be it enacted, &c. That all townships 
of the first class, boroughs, and citites of this Com- 
monwealth are hereby empowered to acquire, by pur- 
chase, gift, or lease, and hold as the property of the 
municipality, tracts of lands at present covered with 
forest or tree growth, or suitable for the growth of 
trees, and to administer the same, under the direction 
of the Commissioner of Forestry of the Commonwealth 
of Pennsylvania, in accordance with the practices and 
principles of scientific forestry, for the benefit and ad- 
vantage of the said municipalities. Such tracts may 
be of any size suitable for the purpose, and may be 
located either within, adjacent to, or at a distance 
from the corporate limits of the municipality pur- 
chasing the same: Provided, That it shall be requisite 
for the commissioners, burgess, or mayor of any mu- 
nicipality, availing itself of the provisions of this act, 
to submit to the Commissioner of Forestry, and se- 
cure his approval of, the area and location of any 
lands proposed to be acquired for the purposes of 
municipal forests, previous to the passage of the ordi- 
nance provided for in section two. 

Section 2. Whenever the township commissioners 
of any township of the first class, or the councils of 
any borough or city, shall deem it expedient for the 
municipality to acquire any such lands for the pur- 
poses of a municipal forest, they shall so declare in 
an ordinance, wherein shall be set forth all facts and 
conditions relating to the proposed action ; which said 
proposed ordinance prior to its passage shall be duly 
advertised once a week for three weeks and after 
its passage and approval in accordance with exist- 
ing law. All money necessary for the purchase of 
such tracts shall be appropriated in like manner as 
is now done, under existing law, for municipal pur- 
poses; and such funds may be provided out of current 
revenue, or by the proceeds of a sale of bonds, in 
accordance with existing law. 

Section 3. Upon the acquisition of any municipal 
forests or of lands suitable for such, under this act, 
the proper authorities shall notify the Commissioner 
of Forestry, who shall make such rules for the govern- 
ment and proper administration of the same as may 
be necessary. The municipal authorities shall there- 
upon publish such rules, declare the uses of the forests 
in accord with the true intent of this act, and make 
such provision for its administration, maintenance, 



Municipal 
forests. 

Acquire- 
ment and 
holding of. 



Size and 
location. 



Proviso. 



Approval ">f 
Commis- 
sioner. 



Ordinance. 



Facts and 
conditions. 



Advertise- 
ment. 



Appropria- 
tion. 



Bonds. 



Acquisition 
of forest 
or land. 



Rules. 



Publica- 
tion of. 



GAME, FISH AND FORESTRY LAWS. 



Mainte- 
nance, etc. 



Revenues, 
etc. 



Municipal, 
revenue. 



Alienation. 



Populs 

vote. 



protection, and development as shall be necessary or 
expedient. 

Section 4. All moneys necessary to be expended, 
from time to time, for the administration, mainte- 
nance, protection, aDd development of said forest, 
shall be appropriated and applied as is now done, 
under existing law, for municipal purposes: and all 
revenue and emoluments arising from said forest shall 
be p;iid into the municipal treasury, to be used for 
general municipal purposes. 

Section 5. The municipal forest may be used by 
the people for general outing or recreation grounds, 
subject to the rules governing its administration for 
the purpose of n municipal forest, in which the major 
iden shall be the sale of forest products for producing 
a continuing municipal revenue. 

Section 6. The alienation of a municipal forest, or 
any part thereof, shall be made only in the manner 
prescribed herein for the purchase of the same; to 
wit, by ordinance duly advertised before and after 
passage, but such ordinance shall not be effective in 
lei!:ilizingr such alienation until after it shall have been 
approved by a majority vote of the people at the 
next ensuing election. 

Approved— The 22d day of April, A. D. 1009. 

EDWIN S. STUART. 



1909, 
413. 



AN ACT 

Relating to the granting of titles by the Common- 
P. L,. wealth of Pennsylvania to vacant or unappropriated 

land, the price to be paid for the same, the con- 
veyance to the State Forestry Reservation Commis- 
sion, where desirable for forest culture or forest 
preservation, preventing the granting of warrants 
for the beds of navigable rivers, and providing for 
acceptance of returns of surveys without limitation 
as to excess or surplus. 

Section 1. Be it enacted, &c, That whenever an 
Lands, va- application shall be made to the Secretary of Internal 
annrooria" 11 " Af f airs for anv vacant or unappropriated land, of any 
ated. kind or description whatsoever, it shall be the duty 



GAME, FISH AND FORESTRY LAWS. 



287 



of the Secretary of Internal Affairs to make or cause 
to be rande a careful investigation concerning the 
laod applied for in said application, with a view of 
determining, so far as practicable, whether any office 
rights have heretofore been granted for the land de- 
scribed in said application; and be may also, at his 
discretion, cause a survey to be made thereof, to as- 
certain whether such land is vacant* or unappropri- 
ated and if it shall be found that the land described 
in said application has heretofore been appropriated, 
or that it is not vacant or unappropriated land, he 
shall make a report to that effect, which report, to- 
gether with others relating to the proceedings in the 
case, shall be filed among the records of the Land 
Office, and shall be conclusive as to the question of 
vacancy: Provided, however, That the applicant shall 
be entitled to an appeal to the Board of Property 
under such rules as said Board of Property may adopt. 

If, in the opinion of the Secretary of Internal 
Affairs, the land applied for shall be vacant or un- 
appropriated, it shall be the duty of the Governor of 
the Commonwealth, the Attorney General, the Sec- 
retary of the Commonwealth, and the Secretary of 
Internal Affairs to appoint three disinterested repu- 
table persons to estimate and value the land so ap- 
plied f«r. who shall, before they enter upon the 
duties of their appointment, take an oath or affirma- 
tion, before a justice of the peace or other officer hav- 
ing authority to administer an oath, that they wUl 
justly esimate and a true valuation per acre maffe 
of all the land contained in the tract applied for: 
and. also, they shall state that they are not directly 
or indirectly interested in the application for the land 
applied for. 

The persons thus appointed and sworn or affirmed 
shall proceed to value the land by going on the same, 
and, having regard to the soil, timber, fisheries, 
minerals, other advantages, and the local situation 
thereof, and, having agreed upon the valuation par 
acre of the land so applied for, shall certify the 
same, under their hands, directed to the Secretary 
of Internal Affairs ; and in case they refuse or neglect 
to perform any of their duties as aforesaid, within 
ninety days from the date of their appointment, then 
said appointment shall become null and void ; and it 
shall be the duty of the Governor of the Common- 
wealth, the Attorney General, the Secretary of the 
Commonwealth, and the Secretary of Internal Affairs 



Duty of 
Secretary of 
Internal 
Affairs. 



Survey. 
Report. 



Proviso. 
Appeal. 



Appraisers. 



Certificate 
of value. 



In ease of 
refusal or 
neglect. 



288 



GAME, FISH AND FORESTRY LAWS. 



Other ap- 
praisers. 



Repert. 



Request far 
I'lymewt. 



State For- 
estry Reser- 
vation Com- 
mission 
shall have 
notice. 



Report. 



Warrant and 
patent. 



to appoint three other persons to estimate the lands, 
as hereinbefore provided. Upon the receipt of the 
report of the appraisers, the Secretary of Internal 
Affairs shall notify the applicant of the value given 
to the land so applied for, and shall request pay- 
ment of the amount due the State by virtue of such 
appraisement, and until such payment is made, ac- 
cording to the price fixed by the said appraisers and 
witbin the time hereinafter specified, the Secretary of 
Interna] Affairs shall withhold the granting of the 
warrant. 

If payment is made in accordance with such ap- 
praisement, the money so paid shall be immediately 
turned into the State Treasury, and the Secretary 
of Internal Affairs shall grant title to the applicant 
for the land so applied for and appraised, in the 
manner now provided by law, and the expenses inci- 
dent to the investigation, survey, and appraisement 
shall be paid by the Commonwealth: Provided fur- 
ther, Thnt before appraisers shall be appointed as 
herein stipulated it shall be the duty of the Secretary 
of Internal Affairs to submit to the State Forestry 
Reservation Commission a copy of the application 
made for snid vacant or unappropriated land, together 
with a description thereof as ascertained through said 
investigation and survey ; whereupon it shall be the 
duty of the said State Forestry Reservation Commis- 
sion to determine whether it is desirable or practic- 
able thnt such vacant or unappropriated land should 
be acquired for forest culture or forest reservation; 
and said State Forestry Reservation Commission 
shall, within the period of two months, make report 
to the Secretary of Internal Affairs as to the desir- 
ability or practicability of securing such vacant or 
unappropriated land for forest culture or forest reser- 
vation, and if in said report a request shall be made 
for the conveyance of such vacant or unappropriated 
land to the State Forestry Reservation Commission, 
it shall be the duty of the Secretary of Internal Affairs 
to grant a warrant and patent, according to the 
usual custom of the Land office Bureau, conveying 
such vacant or unappropriated land to the State For- 
estry Commission, without the payment of aay pur- 
chase money, interest, or fees. 

Section 2. That whenever such vacant or unap- 
propriated land shall not be conveyed to the State 
Forestry Reservation Commission, as provided im the 



GAME, FISH AND FORESTRY LAWS. 



first section of this act, it shall be the duty of the 
person or persons making application, as aforesaid, 
for such land, to pay the amount of money as fixed 
by the appraisement into the office of the Department 
of Internal Affairs within three months from the date 
of the filing of the report of the appraisers in the 
Department of Internal Affairs, due notice of which 
shall be mailed to the applicant by the Secretary of 
Internal Affairs ; and if such applicant shall not make 
payment within the time specified, he shall be deemed 
to have abandoned the purpose of securing a grant 
from the Commonwealth for the land so applied for 
and appraised, and such vacant or unappropriated 
land may then be disposed of to any applicant there- 
for, on the payment of the price as fixed by the report 
of the appraisers as hereinbefore provided: Provided 
however, That in cases where caveats are filed and 
pending before the Board of Property, the time shall 
be extended to cover their determination by that board. 

Section 3. That on and after the passage of this 
act, there shall be no warrants or other office rights 
granted in any of the counties of the Commonwealth 
for lands in the beds of navigable rivers, or in beds 
of stream which are by law declared public highways. 

Section 4. That whenever the State Forestry Reser- 
vation Commission shall apply for vacant or unappro- 
priated land for forest culture or forest reservation, 
the Secretary of Internal Affairs is hereby authorized 
to grant title to such applied for lands in the manner 
provided by law, without the payment of purchase 
money, interest, or fees. 

Section 5. This act shall not be construed to affect 
any pre-emption rights which may have been acquired 
under existing laws, or the right of any person who 
may have an application for vacant land pending with 
the Secretary of Internal Affairs, of the date of the 
approval of this act. 

Section 6. That the Secretary of Internal Affairs 
is hereby authorized and empowered to accept any 
and all surveys, regularly made and returned to the 
Department of Internal Affairs, in pursuance of any 
warrant, location, actual settlement, or order of sur- 
vey, without limitation as to the quantity of excess 
•r surplus over the amount specified in the warrant 
•r application: Provided, That the purchase money 

to 



Non-pay- 
ment of 
valuation. 



Proviso. 

Beds of 
navigable 
rivers, etc. 



Application 
of Forestry 
Commission. 



Pre-emption 
rights. 



Surveys. 



Excess or 
surplus. 



Proviso. 



290 



GAME, FISH AND FORESTRY LAWS 



Payment of 

purchase 

money. 



Prior war- 
rant, etc. 

Act of 
March 28, 
1905, cited 
for repeal. 



Repeal. 



and interest on such excess be paid into the State 
Treasury at the rate stipulated in the warrant, or as 
otherwise required by law, prior to the acceptance of 
the return and survey and issuance of a patent thereon: 
And provided further, That no acceptance of a return 
of survey shall, in any case, prejudice or affect the 
right or title of any other person in or to such excess 
or surplus land by virtue of a prior warrant, location, 
actual settlement, or order of survey thereon. 

Section 7. The act of Assembly, entitled "An act 
relating to the granting of titles by the Commonwealth 
to vacant or unappropriated land, the price to be 
paid for the same, the conveyance to the State For- 
estry Reservation Commission where desirable for 
forest culture or forest preservation, and preventing 
the granting of warrants for the beds of navigable 
rivers," approved the twenty-eighth day of March, 
Anno Domini one thousand nine hundred and five, is 
hereby repealed ; and all other acts, or parts of acts 
inconsistent with the provisions of this act, are also' 
hereby repealed. 

Approved— The 3d dav of May, A. D. 1909. 

EDWIN S. STUART. 



1909, 
744. 



P. L. 



Preamble. 



Preamble. 



AN ACT 

Providing a fixed charged on lands acquired by the 
State for forest reserves, and the distribution of the 
same for school purposes in the townships and bor- 
oughs wherein State reserves are located. 

Whereas, The Commonwealth of Pennsylvania is 
acquiring large tracts of land in its several counties 
for the purpose of establishing forest reserves, which 
lands are exempt from taxation ; and 

Whereas, Because of such exemption, the. several 
school districts within which said reserves are located 
lose the revenue secured from prior taxation, thus 
working a hardship upon the citizens of said districts; 
therefore, 

Section 1. Be it enacted, &c, That from and 
after the passage of this act, all lands now acquired 
or hereafter to be acquired by the Commonwealth for 



GAME, FISH AND FORESTRY LAWS 291 

forest reserves, and which by existing laws are now 
exempt from taxation, shall be subject to an annual Annual 
charge of two cents per acre for the benefit of the cnar e e - 
schools in the respective districts in which said re- 
serves are located: Provided, That no school district 
shall be entitled to receive any sum of money from 
the State, under this act, unless said school district 
shall levy and collect a tax, for the support of its 
schools, of not less than four mills on the dollar of 
the assessed valuation of property in said school dis- 
trict . 

Section 2. The Commissioner of Forestry shall cer- 
tify to the respective school districts throughout the 
Commonwealth in which forest reserves are located, 
and to the State Treasurer, the number of acres 
owned by the Commonwealth therein, for forest re- 
serve purposes, and the amount of the charge in favor 
of each district. The Commissioner of Forestry shall 
draw his warrant in favor of the treasurer of each of How 
said school districts, which said warrants, after the a bi e> 
approval and counter signature of the Auditor General 
of the Commonwealth, shall be paid by the State 
Treasurer to the respective school districts in whose 
favor the same may be so drawn; and the sum of 
forty thousand dollars, or S6 much thereof as may 
be necessary, be and the same is hereby specifically 
appropriated, for the purposes of this act, for the 
two fiscal years beginning June first, one thousand 
nine hundred and nine. 

Section 3. That all acts or parts of acts incon- 
sistent herewith be and the same are hereby repealed. 

Approved— The 13th day of Mav, A. D. 1909. 

EDWIN S. STUART. 



AN ACT 

To protect the State Forest Reserves, and providing 19rl> P L 

punishment for the violation thereof. lb.' 

Section 1. Be it enacted, &c, That if any person Forest 

shall wilfully, negligently or maliciously kindle a Reserves, 
fire upon or within any of the Forest Reserves of this 
Commonwealth, cause a fire to burn thereon except 

in accord with such rules as may be prescribed by the „. ... . 

Department of Forestry; or shall wilfully, negligently {j™ [Jjjf £ 

or maliciously set fire upon adjacent lands, which within. 



Injury, de- 
struction «r 
removal *£ 
trees. 



Penalty. 



29-2 GAME, FISH AND FORESTRY LAWS. 

fire shall be communicated to the State Forest Re- 
serves; such person shall be guilty of a misdemeanor, 
and upon conviction thereof be subject to a fine not ex- 
Penaity. ceediug one thousand dollars for each offense, or im- 

prisonment not exceeding six months, either or both, 
at the discretion of the court, together with costs of 
suit. 

Section 2. If any person, without the consent of 
the Commonwealth or any of her agents, shall wil- 
fully, negligently or maliciously cut bark from, or 
cut down, injure, destroy or remove a tree or trees 
on any forest reserve of this Commonwealth, or shall 
wilfully, negligently or maliciously do or cause to be 
done any other act to the damage of said reserve, or 
the trees growing therein, such person shall be guilty 
of a misdemeanor, and upon conviction thereof shall 
be subject to a fine not exceeding five hundred dollars 
for each offense, or imprisonment not exceeding three 
months, either or both, at the discretion of the court, 
with costs of suit. 

Section 3. If any person shall wilfully, negligently 
or maliciously violate any of the rules made for the 
government of the State Forest Reserves, or shall 
cut, tear down, deface, or otherwise multilate, in- 
jure or destroy, any of the copies of the rules or other 
notices relating to forest administration, which may 
be posted therein by the Department of Forestry or 
any of its officers or agents, such person shall be 
guilty of a misdemeanor, and upon conviction thereof 
shall be subject to a fine not exceeding one hundred 
dollars for each offense, or imprisonment not exceed- 
ing thirty days, either or both, at the discretion of 
the court, with costs of suit: Provided, That no con- 
viction shall be had for any act committed in violation 
of this section unless it shall affirmatively appear that 
copies of such rules or notices were prominently posted 
in, upon or about said Forest Reserves. 
Section 4. All fines collected for the violation of 
Dispositi»m any of the provisions of this act shall be paid to 
of fines. the Commissioner of Forestry, who shall pay the 

same to the State Treasurer, for the use •£ the 
Commonwealth. 
Section 5. The term "person," as used in tkis 
"PerB»m" act, shall include not only individuals, or matural 

defined. persons, but, as well, artificial person, existing only 

in contemplation of law; and shall be construed to 
mean partnerships, limited partnerships, joint stock 



Mutilation, 
distruction, 
etc., of rules 
or notites. 



Penalty. 



GAME, FISH AND FORESTRY LAWS 



293 



companies, and corporations, and the officers, agents 
and employes of the same. 

Section 6 All acts or parts of acts inconsistent 
herewith are hereby repealed. 

Approved— The 5th day of May, A. D. 1911. 

JOHN K. TENER. 



Repeal. 



National 
Forest Re- 
serves. 

The United 
States em- 
powered to 
acquire land. 



AN ACT 

Empowering the United States of America to ac- 1911 P l 
quire land in the State of Pennsylvania for National 271.' 
Forest Reserves, by purchase or by condemnation 
proceedings ; and granting to the United States of 
America all rights necessary for control and regu- 
lation of such reserves. 

Section 1. Be it enacted, &c, That the United 
States of America is hereby empowered to acquire 
by purchase, or by making adequate compensation 
under condemnation proceedings, such lands in Penn- 
sylvania as in the opinion of the Federal Government 
may be needed for the establishment of National For- 
est Reserves in this State, in accordance with an act 
of Congress, entitled "An act to enable any State to 
cooperate with any other State or States, or with the 
United States, for the protection of the watersheds of 
navigable streams, and to appoint a commission for 
the acquisition of lands for the purpose of conserving 
the navigability of navigable rivers," approved the 
first day of March, one thousand nine hundred and 
eleven: Provided, That the approval of the State 
Forestry Reservation Commission and the Water Sup- 
ply Commission shall be first had and obtained: Pro- 
vided further, That if at any time in the future, after 
the establishment by the Federal Government of such 
National Forest Reserves in the Commonwealth of 
Pennsylvania, the Commonwealth shall desire to re- 
sume complete ownership and control over said lands, 
it may do so by appropriate legislative action, pro- 
vidin? therein for the repayment to the United States 
of America of all moneys which may have been spent 
in acquiring lands the ownership of which is to be re- 
sumed, and interest thereon at the rate of two pet- 



Pro vis*. 

Approval. 

Proviso. 



Resumption 
of control by 

tin State. 



■294 



GAME, FISH AND FORESTRY LAWS 



Concurrent 
jurisdiction. 



United 
States lawa. 



State Forest 
Reserves. 



Act con- 
strued. 



centum per annum: And provided further, That the 
Commonwealth of Pennsylvania shall retain a con- 
current jurisdiction with the United States in and 
over such lands, so far that civil process, in all 
cases, and such criminal process as may issue under 
the authority of the Commonwealth of Pennsylvania 
against any person charged with the commission of 
any crime, without or within said jurisdiction, may 
be executed thereon in like manner as if this act had 
not been passed. 

Section 2. That the said United States of America 
is hereby empowered to pass such laws as it may 
deem necessary to the acquisition of land in Penn- 
sylvania, as hereinbefore provided, and for incorpo- 
ration of such land into said National Forest Re- 
serves, as in the opinion of the Federal Government 
may be needed for this purpose. 

Section 3. That the said United States of Amer- 
ica is hereby empowered to pass such laws, and to 
make or provide for the making of such rules, of both 
a civil and criminal nature, and provide punishment 
for the violation thereof, as in its judgment may be 
necessary for the management, control, and protection 
of such lands acquired from time to time by the 
United States of America under the provisions of this 
act: Provided, however, That the authority hereby 
given shall be subject to all the conditions and stipula- 
tions and reservations contained in this act. 

Section 4. That this act shall not confer power 
to condemn land now held or hereafter to be acquired 
by Pennsylvania as and for a State Forest Re- 
serve. 

Section 5. Nothing in this act shall be construed 
to repeal or invalidate or in any way effect the pro- 
visions of an act of Assembly, approved the twenty- 
second day of April, one thousand nine hundred and 
five, entitled "An act to preserve the purity of the 
waters of the State, for the protection of the public 
health," or the provisions of an act, approved the 
twenty-seventh day of April, one thousand nine hun- 
dred and five, entitled "An act creating a Depart- 
ment of Health, and defining its powers and duties," 
or the provisions of an act, approved the fourteenth 
day of Slay, Anno Domini one thousand nine hundred 
and nine, entitled "An act to safeguard human life 
and health throughout the Commonwealth by provid- 
ing regulations for the control of certain communicable 



GAME, FISH AND FORESTRY LAWS 



295 



diseases and the prevention of infection therefrom, 
and prescribing penalties for the violation of said 
regulations." 
Approved— The 11th day of May, A. D. 1911. 

JOHN K. TENER. 



AN ACT 

For the protection of shade and fruit-trees growing 
on or along any highway, street, or road. 

Section 1. Be it enacted, &c, That any person 
who shall wilfully and maliciously club, stone, cut, 
break, climb upon, injure, or destroy any shade-tree 
or any fruit-tree, growing on or along any street, 
road, or other highway, shall be guilty of a misde- 
meanor ; and upon conviction thereof, before any al- 
derman, magistrate, or justice of the peace, shall 
be sentenced to pay a fine not exceeding ten dollars, 
or to undergo an imprisonment in the jail of the 
proper county not exceeding five days, or both, at the 
discretion of the alderman, magistrate, or justice. 

Approved— The 7th day of June, A. D. 1911. 

JOHN K. TENER. 



1911, 
679. 



P. L. 



Wilful and 
malicious in- 
jury. 



'enalty. 



AN ACT 

To protect trees and woodlands, and providing pun- 
ishment for the violation thereof. 

Section 1. Be it enacted, &c, That if any person ion, P. L. 
shall wilfully, negligently, or maliciously set on fire, S6i. 
or cause to be set on fire, any woodlands, within 
this Commonwealth, or shall directly or indirectly, 
without the consent of the owner, cause fire to burn Woodlands 
therein, or shall wilfully, negligently, or maliciously 
set fire upon adjacent lands, which fire shall be com- 
municated to woodlands; such person shall be guilty 
of a misdemeanor, and on conviction thereof be fined 
not exceeding one thousand dollars for each offense, 
or imprisonment not exceeding six months, either or 
both, at the discretion of the court, together with 
costs of suit. 

Section 2. If any person shall wilfully, negli- Kction^or 
gently, or maliciously cut bark from, or cut down, in- removal of 
jure, destroy, or remove a tree or trees growing or trees. 



296 



GAME, FISH AND FORESTRY LAWS 



Penalty. 



Unlawful 
purchase, 
etc. 



Penalty. 



Double 
ages. 



Treble 
damages. 



Retaking of 
property. 



Refusal. 



Penalty. 



standing upon the land of another, without the eon- 
sent of the owner; or shall wilfully, negligently, or 
maliciously do or cause to be done any other act to 
the damage of said land or the trees growing thereon ; 
such person shall be guilty of a misdemeanor, and on 
conviction thereof shall be fined not exceeding five 
hundred dollars for each offense, or imprisoned not 
exceeing three months, either or both, at the dis- 
cretion of the court, together with costs of suit. 

Section 3. If any person shall purchase or receive 
a tree or trees, knowing the same to have been cut 
or removed without the consent of the owner thereof ; 
or shall purchase or receive any logs, planks, boards, 
staves, shingles, or other lumber, made from such 
trees so cut or removed, and knowing the same to 
have been so cut and made without such consent; 
such person shall be guilty of a misdemeanor, and 
upon the conviction thereof shall be subject to the 
punishment provided in section two of this act. 

Section 4. If any person shall wilfully, negli- 
gently or maliciously cut down or fell, or employ any 
person to cut down or fell, a tree or trees growing 
upon the land of another, without the consent of the 
owner, such person shall be liable to pay to the owner 
double the value of such trees so cut down or felled, 
and in case of the removal from the land where grown, 
and the conversion thereof, treble the value, to be 
recovered in an appropriate action, with costs of 
suit ; and no prosecution under any other section 
of this act, shall be a bar to the recovery of damages 
under this section; and, in addition to the remedy 
for recovery of damages herein provided, the owner of 
such trees may follow the same and retake them from 
the possession of any person, and wheresoever they may 
be identified and found; as well as, in the same man- 
ner, retake all material into which said trees may 
have been converted, wherever the same may be iden- 
tified and found ; and without any liability on the part 
of said owner for the retaking of his own property 
and restoring the same to his own possession . If the 
person in whose possession such trees or materials 
may be found shall refuse to surrender or deliver the 
same to the owner thereof, after due proof of owner- 
ship shall have been made, such person shall be 
eqtially guilty of misdemeanor, and upon conviction 
thereof subject to the punishment provided in section 
two of this act 



GAME, FISH AND FORESTRY LAWS 



297 



"Person' 
defined. 



"Wood- 
lands" 
defined. 



Section 5. The term "person" as used in this act, 
shall include not only individuals or natural persons, 
but as well artificial persons, existing only in con- 
templation of law, and shall be construed to mean 
partnerships, limited partnerships, joint stock com- 
panies and corporations, and the officers, agents, and 
employes of tlie same. 

Section 6. The term "woodlands," in this act, is 
intended to include, and shall be construed to mean 
woods, farmers' woodlots, marshes, moorvs, brush, 
barrens, brush lands, and wild unseated uncultivated 
land. 

Section 7. All fines which shall be collected or 
paid under this act shall be remitted at once to the 
treasurer of the county wherein the same shall be 
collected or paid, to become a part of the general 
fund of the county. 

Section 8. All acts or parts of acts inconsistent Repeal, 
herewith are hereby repealed. 

Approved— The 9th day of June, A. D. 1911. 

JOHN K. TENER. 



Fines. 



AN ACT 

Authorizing the Department of Forestry to lease por- 
tions of the State Forest for church, school, health, 
and recreation purposes. 

Section 1. Be it enacted, &c, That the Depart- 
ment of Forestry is hereby authorized to lease, for 1913. p. l. 
a period not exceeding ten years, on such terms and 12. 
conditions as it may consider reasonable, to any citi- 
zen, church, organization, or school board of Penn- Forest 
sylvania, such portion of the State Forest as the reserves, 
department may deem suitable, as a site for a tem- 
porary building to be used by such citizen or family gj* ase f Q f 
for health and recreation, or as a site for church or temporary 
school purposes buildings. 

Section 2. The receipts from such leasing shall be 
paid into the State Treasury. Eighty per centum Rents, 
thereof, so paid in, shall constitute a part of the 
State school fund of Pennsylvania.* 

Approved— The 27th day of March, A. D. 1913. 

JOHN K. TENER. 

•By amendment to the School Code. Section 2701 and Section 
3702, approved June 4. 1915, infra page 323, all receipts from 
State lands are paid into the State School Fund of Pennsyl- 
vania. 



298 



GAME, FISH AND FORESTRY LAWS 



1913, 
426. 



P. L. 



Auxiliary 
forest re- 
serves. 

Classifica- 
tion, etc. 



Notice of 
owner. 



Contents. 



Examina- 
tion. 



Report. 



AN ACT 

To classify certain surface lands as auxiliary forest 
reserves ; to prescribe the terms and conditions for 
their continuance in said classification, or their 
withdrawal therefrom ; and to provide for the ex- 
penses attendant thereon. 

Section 1. Be it enacted, &c, That in order to en- 
courage the growing of such trees, now existing or 
hereafter produced, as will at the proper age be suit- 
able for merchantable forest products, whether such 
be of natural reproduction or from seed sown, or trees 
planted out, or all combined, all surface land which 
may be set apart according to the provisions of this 
act, and exclusively used for growing such trees, is 
hereby constituted a separate and distinct class of 
land, to be known as auxiliary forest reserves. 

Section 2. When any owner of surface land desires 
to have such land placed in the class established by 
section one of this act, such owner shall notify the 
State Forestry Reservation Commission of his desire 
in manner and form to be prescribed by said commis- 
sion. Said notice shall contain a description of the 
land, its location, boundary, area, and character, and 
shall state as far as practicable the species, character, 
and condition of the trees growing thereon, and 
whether they are of natural reproduction or are from 
seed sown for the purpose, or have been set out on 
said land, or all combined, and such other informa- 
tion as the commission may require. If, upon receipt 
and consideration of this notice, the commission shall, 
in its discretion, deem the conditions such as to war- 
rant action on its part to determine whether such 
land should rightfully be placed in the class estab- 
lished by section one of this act, it shall cause 
the same to be examined by some person learned in 
the practice and principles of forestry, and a report 
made thereon, and if, upon receipt and consideration 
of such report, it decides that such land should be 
placed in the class established by section one of this 
act, it shall so declare and certify to the commis- 
sioners of the county in which said land is located. 



GAME, FISH AND FORESTRY LAWS. 



299 



Section 3. Upon receipt by the county commission- 
ers of such certificate of the commission it shall be 
their duty at once to place said surface land in the 
class established by section one of this act, and keep 
the same therein until the trees growing thereon shall, 
in the judgment of the commission, become sufficiently 
large and suitable for merchantable forest products, 
or the land be devoted to other purposes: Provided, 
however, That the certificate of the commission shall 
not become operative to place said surface land in the 
class established by section one of this act until the 
owner of said surface land has agreed, in writing, 
with the commission to care for the trees growing 
thereon, according to the instructions and directions of 
the commission, up to such time as such trees become 
suitable for merchantable forest products: and if any 
such owner at any time fails to care for the trees 
growing on said land as agreed with the commis- 
sion, and due proof thereof is made, the commission 
may remove said surface land from the class estab- 
lished by section one of this act. In case of such 
removal, either through failure of the owner to care 
for the trees or on his expressed desire for removal 
before the trees shall have been cut at maturity and 
tax paid thereon, the county commissioners shall, 
on notice from the commission, proceed to recover 
from said owner, for the use of the county and 
township, by an appropriate action at law if neces- 
sary, the difference in the amount of tax which 
would have been paid by the said owner at the rates 
established for the years for which recovery is sought 
and the rate provided for auxiliary forest reserves, 
with costs of suit, to be recoverable from the time 
when such land was placed in the class of auxiliary 
forest reserves. And the commission shall remove 
said surface land from the class established by sec- 
tion one of this act at any time that the then 
owner shall, in writing, notify the commission that he 
desires such removal. The commission may, in its 
discretion, at the time said surface land is placed 
in the class established by section one of this act, 
require the owner to file with the commission his 
or its bond, of such kind and amount as the com- 
mission shall deem reasonable and sufficient to se- 
cure the obligations of such owner under this act. 

Section 4. Whenever trees growing on said surface 
land have become suitable for merchantable forest 
products, the commission shall, at the request of the 



Duty of 
county com- 
missioners. 



Agreement. 



Failure to 
care for 
trees. 



Kemoval 
from classifi- 
cation. 



Recovery of 
tax. 



Owner to file 
bond. 



300 



GAME, FISH AND FORESTRY DAWS. 



Cutting 9t 
timber. 



Removal amd 
marketing. 



Replanting, 
etc. 



Expenses. 



Right •! 
owner. 



Sale »r in- 
cumbra»ee. 



owuer or on its own motion, make an examination of 
said land, and designate for the owner the kind and 
number of trees most suitable to be cut, if, in the 
judgment of the commission, there be any, and the 
cutting and removal of said trees so designated shall 
be in accordance with the instructions of the com- 
mission . 

Section 5. If the owner of said surface land faith- 
fully carries out the instructions of the commission 
with regard to the removal and marketing of such ma- 
ture or other trees, as may be designated in the in- 
structions of the said commission, and shall im- 
mediately replant other trees of valuable species, or so 
protect the young growth that the said land may im- 
mediately become covered with young forest growth, 
and does so with the approval of the commission, then 
such surface land shall remain in the said class, es- 
tablished by section one of this act; otherwise, the 
commission shall notify the county commissioners that 
the said land is not being maintained in accordance 
with the written agreement of the owner and the in- 
structions of the commission, in which event the 
county commissioners shall immediately remove said 
land from the class established by section one of this 
act. All expenses attendant upon the examination 
of the said surface land by the commission shall be 
paid for out of the moneys appropriated for the 
maintenance of the Department of Forestry, in like 
manner as other expenses for maintenance of said 
department are now paid. 

Section 6. The owner of the said auxiliary forest 
reserves shall, at all times, have the right to remove 
therefrom trees, or portions of trees, which may be 
killed by fire, thrown or broken by the wind, or in- 
jured by other natural causes: and shall, under the 
direction of the commission, be privileged to make 
necessary thinnings or removal of undesirable species 
of trees, in order to improve the condition of the 
remaining trees; and, under the same direction, may 
be privileged to remove therefrom such timber, from 
time to time, as may be necessary and essential for 
use upon the neighboring cleared lands of the said 
owner, for general farm purposes. 

Section 7 Any tract of land while remaining in 
the class of auxiliary forest reserves as above pro- 
vided, may, nevertheless, be sold or incumbered by 
or through the owner thereof, but no sale or in- 
cumbrance, whether voluntary by the owner or in- 



GAME, FISH AND FORESTRY LAWS 



301 



yoluntary under any statutory or judicial proceeding 
whatsoever, whether of any State or of the United 
States, shall elTeet a discharge of any obligation 
imposed under this act, and said land shall be 
removed from said class only in accordance with the 
provisions hereof. 

Section 8. That all acts or parts of acts incon- 
sistent herewith be and the same are hereby repealed. 

Approved — The 5th day of June, A. D. 1913. 

JOHN K. TENER. 



Repeal. 



416. 



Auxiliary 

forest 

reserves. 

Assessment 
and taxation 



AN ACT 

To provide for the assessment and taxation of auxiliary 
forest reserves, and the collection, distribution and ^*' F 
use of the taxes collected therefrom. 

Section 1. Be it enacted, &c, That all surface 
land which may hereafter be classified and set apnrt as 
auxiliary forest reserves, in the manner provided 
by law, shall be rated in value, for the purpose 
of taxation, not in excess of one dollar ($1.00) per 
acre and shall continue to be so rated so long as the 
said land remains within the class designated as 
auxiliary forest reserves: Provided, however, That 
if the said surface land be underlaid with coal, iron 
ore, oil, gas, or other valuable minerals, said min- 
erals may be separately assessed. The assessors in 
the several districts in which such lands are situate 
shall assess such lands in the manner now or here- 
after provided for the assessment of real estate for 
purposes of taxation, as if they had not been set 
apart ns auxiliary forest reserves, and shall make 
their returns to the county commissioners in like man- 
ner as is now or hereafter may be provided by law, 
subject to exception, appeal, and final adjustment. 

Section 2. Upon receipt of assessment returns from 
the various assessors, the county commissioners shall 
reduce, in their records, to a sum not in excess of 
one dollar ($1.00) per acre, the assessment on all those 
lands which shall have been placed in the class 
known as auxiliary forest reserves, in accordance 
with certificates filed with them by the State For- 
estry Reservation Commission, and the original as- 
sessment returns made by said assessors shall be pre- 
served . 



Minerals. 



Assessmenl 
Returns. 



Reduction of 
assessmont. 



302 



GAME, FISH AND FORESTRY LAWS 



Timber about 
to be har- 
vested. 

Bond. 



Payment to 

county 

treasui'er. 



Distribution 
of fund. 



Lien. 
Proviso. 



Super- 
visors. 



Appropria- 
tion of fund. 



Tf the return 
is not satis- 
factory. 

Petition. 

Appraisers. 
Return. 



Section 3. Whenever timber, on land which is in- 
cluded in the class of land known as auxiliary forest 
reserves, is about to be harvested, the then owner 
of the timber on said land shall give a bond to the 
county treasurer in twenty per centum of the amount 
of the estimated value of the timber to be harvested, 
and to be approved by the court of the county, con- 
ditioned to pay to the county treasurer, within 
ninety days after harvesting, ten per centum of the 
value of the trees immediately at and before the time 
of harvesting ; which amount shall be ascertained by 
statement and return, under oath or affirmation, fur- 
nished in triplicate, one to the county commission- 
ers, one to the county treasurer, and one to the com- 
mission, immediately after harvesting, by the then 
owner of the land, setting forth said value; which 
sum thus paid shall be divided and distributed by 
the county treasurer of each county— to the county, 
and to the poor district, the road district, and the 
school district of the township in which the auxiliary 
reserve is situate, pro rata, based upon the last as- 
sessed millage of taxation for county, poor, road, and 
school purposes within said taxing district. 

Such sum of money when ascertained to be due as 
a tax by the filing of the foregoing statement and re- 
turn, under oath, and, as hereinbefore provided, di- 
rected to be paid to the county treasurer by the 
owner of an auxiliary forest reserve, shall, from 
the time for sucb filing, be and remain a lien upon 
the land of such owner until payment shall have 
been made: And be it further provided, That all 
moneys received by the boards of supervisors shall be 
appropriated exclusively to the opening, maintenance, 
and repair of the public roads now or hereafter pass- 
ing through or into said auxiliary forest reserves, 
or upon which said reserves now or hereafter may 
abut; and, in the event that no public highways 
pass through or into said reserves, or none of said 
reserves abut on such highways, then said moneys 
shall be used for general township road purposes. 

Section 4. Should the county commissioners be dis- 
satisfied with the return made, as hereinbefore pro- 
vided in section three hereof, the court of common 
pleas of the proper county, on petition of the com- 
missioners, shall appoint a board of three appraisers, 
who shall go upon the land in question, estimate the 
quantity and value of the trees immediately at and 
before the time of harvesting, and make a return 



GAME, FISH AND FORESTRY LAWS 



303 



thereof to the court, which said return shall then be 
made the basis upon which each owner shall make pay- 
ment to the respective county treasurers, unless 
changed upon appeal. The said appraisers shall 
be duly sworn or affirmed before entering upon their 
work, and either party, if dissatisfied with the re- 
port of the appraisers, shall have right of appeal to 
the court of common pleas of the county, within ten 
days after such report shall be filed and notice thereof 
given the owner. The said appraisers shall be al- 
lowed their expenses and a compensation to be fixed 
by the court, both to be paid by the county commis- 
sioners. 

Section 5. In case of the removal of said lands 
from the class known as auxiliary forest reserves, 
prior to the maturity of the timber, and without 
payment of the tax of ten per centum of the value 
thereof, as provided in section three of this act, the 
county commissioners shall, on notice from the com- 
mission, ascertain the amount of the taxes which 
would have been paid by the said owner on the 
original assessment, before the reduction provided 
for in section two of this act, adding legal interest 
from the date when each tax payment would have 
become delinquent. The said commissioners shall like- 
wise ascertain the amount of taxes which have act- 
ually been paid upon the land in question, adding 
legal interest upon all such payments from the date 
when paid, and certify the result thereof to the 
county treasurer, who shall then proceed, in the 
manner provided for the collection of county taxes 
under general laws, to recover from such owner the 
difference between the two amounts, with costs. Such 
difference, so ascertained to be due as tax as afore- 
said, shall be and remain a lien upon the land of 
such owner until payment shall have been made. 

If such land shall be so removed from said class 
after the due cutting of a matured crop and the pay- 
ment of tax thereon, the owner shall, in that case, 
not be liable for such past assessment : but the land 
shall thereafter be liable to assessment and tax as 
all other land not classed as auxiliary forest reserves. 

Section 6. This act shall take effect only beginning 
with assessments made for the purpose of levying 
taxes for the fiscal year one thousand nine hundred 
and fourteen. 

Approved— The 5th dav of June, AD. 1P13. 

JOHN K. TENER. 



Appeals. 



Expenses 
and com- 
pensation. 



Removal of 
lands from 
classifica- 
tion prior to 
maturity of 
timber. 



Notice. 



Ascertain- 
ment of tai 
due. 



Certificate 



Removal 
from class 
after ma- 
turity, etc. 



When act 
shall take 
effect. 



304 



GAME, FISH AND FORESTRY LAWS. 



1913, P. L. 
408. 



Preamble. 



Auxiliary 

forest 

reserves. 

Annual 
charge on 
for school 
and road 
purposes. 
Payable by 
the State. 

Certificate 
acreage, etc. 



AN ACT 

Providing a fixed charge on land classified as auxiliary 
forest reserves ; and the distribution of the fund 
thus set aside for school and road purposes. 

Whereas, By existing law the State forest reserves 
are subject to an annual charge of two cents per 
acre for the benefit of schools, and two cents per 
acre for the beuefit of roads, in the respective dis- 
tricts in which said reserves are located ; and 

Whereas, It would be a hardship to withhold from 
school and road districts the taxes which would 
otherwise be collected from land classified as aux- 
iliary forest reserves: therefore, — 

Section 1. Be it enacted, &c, That all lands which 
shall hereafter be classified as auxiliary forest re- 
serves shsi 11 be subject to an annual charge of two 
cents per acre for the benefit of the schools, and 
two cents per -wr? for the benefit of the roads, in 
the respective districts in which said reserves are 
located. Said charge is hereby made payable by the 
State. 

Section 2. The State Forestry Reservation Com- 
mission shall certify to the respective school dis- 
tricts and ro:id districts, throughout the Common- 
wealth, in which auxiliary forest reserves are located, 
the number of acres thus set apart and olnssified in 
each district, and the charge against the same; and 
shall, furthermore, certify to the State Treasurer 
the number of acres as aforesaid, and the charge 
against the same, in favor of the respective school 
and road districts. The State Treasurer shall, upon 
the approval of the proper warrants of the commis- 
sion, pay to the several school districts and road 
districts the amount due the same from the Common- 
wealth, as derived under this act. 

Approved— The 5th day of June, A. D. 1913. 

JOHN K. TENER. 



GAME, FISH AND FORESTRY LAWS. 305 

A SUPPLEMENT 

To an act, entitled "An act to establish a Department 1913, p. l 
of Forestry, to provide for its proper administra- 864. 
tion, to regulate the acquisition of land for the 
Commonwealth, and to provide for the control, pro- 
tection, and maintenance of forest reserves by the 
Department of Forestry," approved the twenty- 
fifth day of February, Anno Domini one thousand 
nine hundred and one (Pamphlet Laws, page eleven), 
authorizing the Department of Forestry to desig- 
nate certain of the foresters within its employ to 
act as District Foresters, in the performance of gen- 
eral forest work other than within the State For- 
ests. 

Whereas, In accordance with section three of an Preamble, 
act, entitled "An act to establish a Department of 
Forestry, to provide for its proper administration, to 
regulate the acquisition of land for the Common- 
wealth, and to provide for the control, protection, 
and maintenance of forest reserves by the Department 
of Forestry," it is provided that it shall be the duty 
of the Commissioner of Forestry, among other things, 
"to encourage and promote the development of For- 
estry, to obtain find publish information respecting 
the extent and condition of forest Innds in the State, 
and to execute all rules and regulations adopted -by 
the Forestry Reservation Commission for the enforce- 
ment of nil laws designated for the protection of 
forests from fire and depredation" and 

Whereas, It is desirable and expedient that that 
phase of forestry known as formers' woodlot and pri- 
vate forestry be given greater consideration and as- 
sistance than it has heretofore received: therefore,— 

Section 1. Re it enacted, &c, That the Depart- Department 
ment of Forestry be authorized to designate, wher- of Forestry, 
ever the demands of forestry warrant, certain of the 
foresters in the State Forest Serviee to be known as 
Distriet Foresters, and that the districts to which pii^tJL - 
they may be assigned shall be coterminus with one or 
more of the counties throughout the Commonwealth. 

Section 2. It shall be the duty of the District Duties of 
Forester, under the direction of the department, to District 
promote within his district the development of for- Foresters. 
estr> hv eonduoHne such educational efforts as may 
be necessary to bring to the attention of the people the 
20 



306 



GAME, FISH AND FORESTRY LAWS 



Offices and 
supplies. 



uses and purposes of practical forestry, to render as- 
sistance to forest and woodlot owners, to conduct ex- 
periments in forestry, to collect data concerning for- 
ests and woodlots within his district, to inspect and 
report to the department upon the work of the fire- 
wardens, to advise with land owners upon the plant- 
ing and protection of shade-trees, to assist in Arbor 
Day work, and to promote and advance any other ac- 
tivity in local forestry which may be designated by 
the Department of Forestry. The District Forester 
shall be supplied by the Department with suitable of- 
fice facilities and supplies to enable him to carry on 
his work. 
Approved— The 21st day of July, A. D. 1913. 

JOHN K. TENER. 



1915 P. L. 
140. 



County Com- 
missioners. 



Sale of lands 
to Depart- 
ment of 
Forestry. 
Forest 



Description. 



AN ACT 

Directing the county commissioners of the several 
counties to offer for sale to the Department of For- 
estry tracts of land which they may have purchased 
at county treasurers' sales, for acceptance or re- 
fusal for forestry purposes, and to convey to the 
Commonwealth of Pennsylvania the tracts so offered 
to be sold, if accepted by the department. 

Section 1. Be it enacted, &c, That when county 
commissioners shall have received from the county 
treasurer a conveyance of lands which shall have 
been advertised and sold for unpaid taxes, in ac- 
cordance with the several acts of Assembly relating 
to the sale and conveyance of lands for taxes, the 
said commissioners are hereby directed, after the 
period for redemption of said lands shall have ex- 
pired, to offer said lands to the Department of For- 
estry, for acceptance or rejection by said department, 
for forestry purposes, when required so to do by 
the Department of Forestry. The county commis- 
sioners, in making such offer, shall describe the land 
by giving the name of its former owner, its location, 
warrantee name or number, and its ad joiners. They 
shall state the number of acres and perches in each 
tract so offered, and the amount of taxes, interest, 
and costs due thereon, which shall have been levied 
and become a lien and accrued to the time of mak- 
ing the offer. Every such offer shall be accom- 



GAME, FISH AND FORESTRY LAWS. 307 

panied by a draft of the land, when required by the Draft, 
department, to be prepared by the county surveyor. 
The cost of the preparation of such draft shall 
be paid by the county commissioners, and in no 
case shall exceed the ordinary and usual amount paid 
for the making of similar drafts in the course of 
county business. The cost of the draft may be 
added by the commissioners to the amount of costs £raft° f 
accrued against the land which they shall offer the 
Department of Forestry. Where adjoining tracts 
are so offered, they shall be included within one 
draft, and the cos.t of the draft shall be ratably ap- 
portioned among the several tracts in accordance with 
the area thereof. 

Sectinn 2. That upon receiving any such offer from 
the county commissioners, which offer shall be made 
upon blank forms to be prepared by the Department 
of Forestry and supplied to the commissioners, the 
department shall make an examination and valuation Examina- 
of the land so offered, to determine whether it is tion and 
suitable for forestry purposes. If found not suitable valuation, 
for forestry purposes, the department shall so notify 
the commissioners. If found to be suitable for that 
purpose, it shall likewise notify the commissioners 
of its suitability, make a conditional acceptance, and 
proceed to examine the title. If such examination 
shall disclose that the title is marketable, and of Title, 
such character as can be safely accepted, the depart- 
ment shall prepare a deed to be executed by the com- 
missioners, conveying such land to the Commonwealth ' 
of Pennsylvania. The consideration shall include all 
taxes levied, interest, and costs due to date of con- 
veyance; but shall, in no case, exceed the limit of 
purchase price now or hereafter fixed by law for 
the purchase of land by the Department of Forestry 
for forestry purposes. 

Section 3. That if the title examination shall dis- Removal 
close incumbrances upon the land, or other objections, objections, 
which, in the judgment of the Department of For- etc. 
estry, will render the title unmarketable or undesir- 
able for the State to own, the county commissioners 
shall then proceed to remove such objections to title, 
and cure such defects, so far as it may be possible 
to do so, or may be required by the practice of the 
Department of Forestry in the purchase of lands. 
The purchase of said land shall not be further pro- 
ceeded with until the title shall be rendered acceptable 
to the Department of Forestry. In case the county 



m 



GAME, FISH AND FORESTRY LAWS. 



Rei 



Commissioners neglect or refuse to remove objections 
to title when required by the Department, the De- 
partment may, after a reasonable time, not exceeding 
six months, notify the commissioners that it refuses 
to consider the further purchase of the land so of- 
fered. The time for removal of objections may be 
extended by the department for cause shown. 

Section 4. That all laws or parts of laws in con- 
flict herewith are hereby repealed. 

Approved— The 21st day of April, A. D. 1915. 

MARTIN G. BRUMBAUGH. 



1915, P. L. 
IK. 



Forestry. 



Forest 
trees. 



distribu- 
tion. 



Ajrreoment. 



May not 



Repeal. 



bo 



AN ACT 

Authorizing the Department of Forestry to grow and 
distribute young forest-trees, and restricting their 
use after distribution. 

Section 1. Be it enacted, &c, That the Depart- 
ment of Forestry is hereby authorized to grow young 
forest- trees, and to distribute them to those desiring 
to plant them, in such quantity and under such 
regulations as may be prescribed by the department, 
when the available stock in the forest nurseries shall 
be in excess of that required by the department for 
forest planting. No charge .shall be made for the 
trees so distributed, but the cost of boxing and ship- 
ping shall be paid by the applicant. The applicant 
must enter into an agreement with the department 
to plant the young trees under such conditions or 
regulations as niay'be made by the department, and 
to protect and care for the'm when planted. The de- 
partment may render such assistance and instruction 
in the planting of the trees as it may deem necessary 
to secure their proper planting. 

Section 2. That all such young forest-trees, which 
shall be distributed as aforesaid, shall not be sub- 
ject to sale in the hands of the applicant, but shall 
be properly planted, in accordance with the agree- 
ment entered into with the department. 

Section 3. That all acts and parts of acts incon- 
sistent with or supplied by this act are repealed. 

Approved— The 21st day of April, A. D. 1915. 

MARTIN G. BRUMBAUGH. 



GAME, FISH AND FORESTRY LAWS. 3W 

AN ACT 

Extending the powers and duties of foresters, forest i9i&, p. l. 

rangers, game protectors, deputy game protectors, 156, as 

special deputy game protectors, fish-wardens, and JJJ, en JJf # / 

deputy fish-wardens of this Commonwealth. May 29th, 

(For text of this act see page 54.) i9i7, p. l. 

309. 



AN ACT 

To enlarge the limit of purchase price to be paid 
by the Department of Forestry for lands to be pur- 
chased ad used for State forest purposes. 
Section 1. Be it enacted, &c, That the limit of 
purchase price to be paid by the Department of For- 
estry for land hereafter to be purchased by it, and 
used for State forest purposes, shall not exceed the 
sum of ten dollars per acre. 

Section 2. That all acts or parts of acts in con- 
flict herewith are repealed. 
Approved— The 14th day of May, A. D. 1915. 

MARTIN G. BRUMBAUGH. 



1915, 



Department 
of Forestry. 
Limit of pur- 
chase price 
of lands f»r 
forest re- 
■erres. 



Repeal. 



AN ACT 

To establish a Bureau of Forest Protection within the 1915, p. l. 
Department of Forestry ; designating the officers 7>T. 
who shall constitute the Bureau, their duties and 
salaries; prescribing penalties for the violation 
thereof; and repealing all laws, general, special, or 
local, or any parts thereof, that may be inconsistent 
with or supplied by this act. 

Section 1. Be it enacted, &c, That a Bureau of Departme»t 

Forest Protection is hereby established within the of Forestry. 
Department of Forestry. The persons appointed 

thereto or assigned to duty therein shall be subject to fo"*" /„_ 

the authority and under the control of the Commis- tectioa. 
sioner of Forestry. 



310 GAME, FISH AND FORESTRY LAWS. 

ARTICLE I. 
Chief Forest Fire- Warden. 

Section 101. Appointment .—Immediately after this 
act becomes effective, and thereafter whenever a va- 
cancy occurs, the Commissioner of Forestry shall ap- 
point a forester in the employ of the department to 
be the chief forest fire-warden. 

Section 102. Duties:— 

(a) It shall be the duty of the chief forest fire- 
warden to take such measures for the prevention, con- 
trol, and extinction of forest fires as will assure a rea- 
sonable protection from fire to woodlots, forests, and 
wild lands within the State. 

(b) The chief forest fire-warden shall institute the 
system of forest fire-wardens, as hereby created, and 
shall have authority to supervise and manage the 
same. 

(c) He shall reorganize the former system of fire- 
wardens, and as rapidly as possible make it conform 
to the provisions of this act. 

(d) As soon as convenient after this act becomes 
effective, the chief forest fire-warden shall divide the 
State into forest fire districts, for the organization of 
an effective forest fire-warden system. 

(e) At the end of each calendar year he shall ren- 
der to the Commissioner of Forestry a report for the 
year, covering all phases of the work under his direc- 
tion, which report, together with a list of the fire- 
wardens, shall be published annually as a bulletin of 
the Department of Forestry. 

(f) He shall collect, with the assistance of the force 
and means at his command, data relating to location, 
area, and fire hazard of woodlots, forests, and wild 
lands within the State; data relating to forest fires, 
and losses resulting therefrom ; and such other data as 
he may deem to come within the purview of his duties, 
and as he may desire to present to the commissioner 
or to the public. 

(g) He shall tabulate and draft data in such man- 
ner that the information may be easily and readily ap- 
preciated. Maps, drafts, and tables shall be pub- 
lished, in the discretion and under the direction of the 
Commissioner of Forestry, as a part of the annual 
report of the chief forest fire-warden or as separate 
bulletins of the department. 



GAME, FISH AND FORESTRY LAWS. 311 

(h) He shall plan and put into effect as rapidly as 
convenient a system of fire-towers and observation sta- 
tions, which shall cover the regions subject to forest 
fires, purchase the necessary material and equipment, 
and hire the necessary labor for the installation of the 
system . 

(i) When, in his discretion, the purposes of this 
act may be accomplished better by the appointment of 
certain forest fire-wardens as watchmen or patrolmen 
during dry seasons, and within regions subject to 
great fire risk, he shall make such appointments; pro- 
vided that no person shall be appointed watchman or 
patrolman without first having been appointed a forest 
fire-warden, and that wardens who have proved to be 
efficient shall be given preference. 

(j ) He may enter into agreements, with the consent 
of the Commissioner of Forestry, with persons, firms, 
corporations, or associations, upon satisfactory terms, 
for the successful accomplishment of forest fire pre- 
vention or control. 

(k) He shall conduct such educational work in re- 
lation to forest fires as may be approved <by the Com- 
missioner of Forestry. 

(1) He shall audit all bills incurred under this 
act. He shall approve those which are correct and 
should be paid and present them to the Commissioner 
of Forestry, who shall transmit them to the Auditor 
General . 

(m) Upon receipt of checks from the State Treas- 
urer, he shall send them to the persons entitled there- 
to. 

(n) He shall have authority to declare a public 
nuisance any property which, by reason of its con- 
dition or operation, is a special forest fire hazard, 
and, as such, endangers other property or human 
life. 

(o) He shall notify the owner of the property, or 
the person responsible for the condition declared a 
public nuisance, and advise him as to the abatement 
or removal of such nuisance. In the case of a rail- 
road, such notice shall be served upon the superin- 
tendent of the division upon which the nuisance exists. 

(p) He shall collect a,nd arrange information ob- 
tained concerning violation of laws relating to the 
protection of forests from fire, and present the same 
to the Commissioner of Forestry, who shall file it with 
the Attorney General for legal action. 



312 GAME, FISH AttD FORESTRY LAWS. 

Section 103. Compensation. — The chief forest fire- 
warden shall be paid a salary not to exceed two thou- 
sand five hundred ($2,500) dollars per annum, and 
necessary expenses incurred in the performance of his 
duties. 



ARTICLE II. 

Clerical Assistants. 






Section 201. As soon as convenient after this act 
becomes effective, the Commissioner of Forestry shall 
assign to the Bureau of Forest Protection a forester 
in the employ of the department, to act as a clerk to 
the chief forest fire-warden; and, from time to time, 
may assign such other clerical assistants to the bureau 
as may be necessary. 

ARTICLE III. 

District Fire-Warden. 

Section 301. Appointment. — As rapidly as fire dis- 
tricts may be determined upon by the chief forest 
fire-warden, and thereafter whenever vacancies occur, 
the Commissioner of Forestry shall appoint foresters 
in the employ of the department, to be known as 
district fire-wardens. 

Section 302. Duties:— 

(a) The district fire-warden shall establish head- 
quarters at some advantageous place within his dis- 
trict ; shall act as the field representative of the chief 
forest-fire-warden, and be under his direction. 

(b) He shall be responsible for the collection of 
data, within his district, necessary for accomplishing 
properly the purposes of this act. 

(c) He shall make recommendations to the chief 
forest fire-warden for the appointment of local fire- 
wardens, the location of fire-towers, the employment 
of patrolmen, and the region to be patrolled, and re- 
garding such other matters as may come to his at- 
tention which would tend to improve the protective 
system . 

(d) He shall arrange for annual meetings of fire- 
wardens within his district, for instruction in forest 
fire matters . 

(e) He shall report to the chief forest fire-warden 
situations and conditions existing within his district 
which are or may become forest fire hazards. He 



GAME, FISH AND FORP^TRY LAWS. 313- 

shall serve notices for the correction or removal of 
such conditions, when issued by the chief forest fire- 
warden 

(f) He shall receive, audit, and approve the reports 
and accounts of the local fire-wardens before sub- 
mitting them to the chief forest fire-warden. 

(g) He shnll act as an inspector of the work of 
local fire-wardens, and render assistance to them. 

(h) He shall conduct educational work, and de- 
velop co-operation between local agencies and the 
Department of Forestry for the prevention and sup- 
pression of forest fires. 

(i) Hp shnll pprform such other duties as may be 
assigned to Urn by the Commissioner of Forestry or 
the chief forest fire-warden. 

Section 303. Compensation. — The district fire- 
warden shnll be paid a salary not to exceed one thou- 
sand eight hundred ($1,800) dollars per annum, and 
all necessary expenses incurred in the performance of 
his duties. 

ARTICLE IV. 
Local Forest Fire-Wardens. 

Section 401. Qualifications. — A person appointed a 
local fire-warded shall be chosen expressly by reason of 
his physical fitness, sobriety, honesty, and ability to 
perform the duties herein required, and must have the 
recommendation of the district fire-warden for the 
forest fire district in which he is located. Where no 
district fire-warden has been appoiuted, the chief 
forest fire-warden shall first satisfy himself as to the 
above qualifications before making an appointment. 

Section 102. Appointment. — Local fire-wardens shall 
be appointed by the chief forest fire-warden in such 
localities as he may deem necessary. 

Section 403. Certificates of Appointment. — Every 
person appointed a forest fire-warden under this act 
shall be given a certificate of appointment, issued by 
the chief f«>re«t fire-warden, and may be furnished with 
an appropriate badge, in the discretion of the chief 
forest fire-warden. 

Section 404. Duties:— 

(a) Whenever tire is discovered in or approaching 
woodlots, fore«ts, or wild lands, whether the same 
be owned by individuals, corporations, or by the Com' 



314 GAME, FISH AND FORESTRY LAWS. 

monwealth, it shall be the duty of a forest fire-warden 
immediately to. take such measures as are necessary 
to extinguish the fire. "W** 

(b) Whenever fires have been combated or ex- 
tinguished as provided for in this act, the forest fire- 
warden shall prepare a correct statement of expenses 
upon forms to be furnished by the department; which 
statement must be verified by oath or affirmation, and 
must be filed with the district warden, and by him 

iZTS e LXt:ot l iL toiest fire - warden witMn <$* 

(c i! * He S u h . a F P rom Ptly investigate the cause of 
each fire which comes to his knowledge, collect such 
evidence as may be discovered relating thereto, and 
such other facts as he may be directed, and report the 
same to the chief forest fire-warden. 

(d) Upon receipt of a check from the State Treas- 
urer, he shall at once pay by check the amounts due 
to such persons as are entitled to receive pav from 
him. 

(e) He shall attend an annual meeting of fire- 
wardens in his district when notified, or present a 
reasonable excuse. 

(f) When designated as a patrolman or watchman, 
he shall perform such duties as may be assigned him 
by the chief forest fire-warden or Lv the district fire- 
warden. 

Section 405 Compensation.— Each local fire-warden 
shall be paid at the rate of thirty cents per hour for 
the time actually employed in the performance of his 
duties. He shall also be paid for the necessary ex- 
penses incurred in the performance of his duties 
In addition, he shall be paid annually the sum of 
ten dollars provided that the Commissioner of For- 
estry may withhold this annual sum for just and 
reasonable cause. 

A local forest fire-warden shaU not be paid from 
the forest fire fund, for services in any one month, an 
amount m excess of fifty dollars. 

ARTICLE V. 

Special and Ex-Officio Forest Fire- Wardens . 

Section 501. The chief forest fire-warden may ap- 
point persons who will serve without compensation 
as special or as ex-officio forest fire-wardens. They 



GAME, FISH AND FORESTRY LAWS. 315 

shall have the same power and authority as local forest 
fire-wardens, but their duties may be changed or ex- 
tended by the chief forest fire-warden. 

Section 502. Foresters and rangers in the employ 
of the Department of Forestry shall be forest fire- 
wardens ex-officio. 

Section 503. Special and ex-officio forest fire-wardens 
shall receive no compensation under this act, other 
than the necessary expenses incurred by them in the 
performance of their duties as fire-wardens. 

ARTICLE VI. 
General Powers. 

Section 601. A fire-warden shall have authority to 
employ such other persons as, in his judgment, may 
be necessary to render assistance in extinguishing 
fire; and, whenever it shall not otherwise be possible 
for him to secure a sufficient number of persons to 
assist in extinguishing fire, he is hereby authorized to 
compel the attendance of persons and to require them 
to render assistance in the extinguishing of fire, under 
penalties prescribed in this act. 

Section 602. A fire-warden shall have authority to 
administer an oath or affirmation, in order to examine 
any person who he believes knows facts relating to any 
fire, or who claims compensation for services ren- 
dered. 

Section 603. Every official provided for by this act 
shall have authority to enter upon any land at any 
time for the purpose of performing duties in accord- 
ance herewith. 

Section 604. A fire-warden shall have power to ar- 
rest on view, without first procuring a warrant, any 
person detected by him in the act of committing an 
offense against any of the laws now enacted or here- 
after to be enacted for the protection of forests, wood- 
lots, timber, or wild lands, or when he shall have a 
reasonable suspicion that any person is committing or 
is about to commit some such offense. The warden 
shall have further power to take the offender before a 
justice of the peace, or other magistrate having juris- 
diction, for hearing, trial, or other due process of law. 
The further conduct of any such case shall be en- 
trusted to, and be undertaken by, the Attorney Gen- 
eral . 



3M GAME, FISH AND FORESTRY LAWS. 

Section 605. A fire-warden shall not be personally 
liable for any act required or permitted to be done 
under the provisions of this law, while acting within 
the scope of his duties as a fire-warden. 

ARTICLE VII. 

Private Persons. 

Section 701. Fire-Fighters. — Persons who extin- 
guish forest fires, except as otherwise provided, shall 
be paid at a rate per hour to be determined for each 
fire district by the chief forest fire warden, with the 
approval of the Commissioner of Forestry, and based 
upon the rates of wages received for day labor within 
the respective fire districts ; provided the rate does 
not exceed twenty-five cents per hour. 

Section 702. Appeal to the Commissioner of For- 
estry. — If any person shall feel aggrieved by the act 
of any fire-warden, such person mny appeal to the 
Commissioner of Forestry, who will examine into the 
complaint. After hearing the parties he shall decide 
as to him shall seem just and right. 

Section 703. Land Owners. — Nothing in this act 
shall be so construed as to relieve the owner or lessee 
of lands, upon which fires may burn or be started, 
from the dntv of extinguishing such fire so far as may 
lie within his power. 

No owner or lessee of land upon which fire may burn 
or be started, nor any person during employment 
with such owner or lessee, nor any other person with 
a present vested interest in such land, shall receive 
compensation under this act for extinguishing fire 
upon his land or the land to which his interest is at- 
tached . 

No person who is responsible for the spreading of a 
fire to a woodlot, forest, or wild land, nor any per- 
son in his employ, may receive compensation from a 
fire-warden for helping to extinguish such fire. 

ARTICLE VIII. 

Railroads . 

Section KOI. All steam and electric railroad com- 
panies owning or operating lines of railroad within 
the State shall put into effect such reasonable regu- 
lations for the prevention of forest fire as may be 



GAME, FISH AND FORESTRY LAWS. 31* 

deemed necessary by the chief forest fire-warden, pro- 
viding the regulations be approved by the Public 
Service Commission. 

ARTICLE IX. 
Expenses. 

Section 901. Expenses incurred under this act shall 
be paid from the general forest protection appropria- 
tion. 

Section 902. No bills of expenses relating to the 
protection of forests from fire incurred under this 
act, shall be honored by the chief forest fire-warden 
unless presented to him within sixty days after the 
expense has been incurred. 

Section 903. The Auditor General shall satisfy 
himself as to the correctness of all bills transmitted 
to him by the Commissioner of Forestry for expense 
incurred under this act, and shall then draw his war- 
rants against the general forest protection appropria- 
tion in favor of the pprsons and for the amounts 
shown by the approved bills. 

ARTICLE X. 
Penalties . 

Section 1001. Penalty for Neglect of Duty.— If a 
fire-warden shall fail to perform his duty, or shall 
render a false or fraudulent statement of service al- 
leged to have been performed, or shall fail to pay 
promptlv the respective amounts due those who have 
rendered service, after said amounts have been trans- 
mitted to him, he shall be guilty of a misdemeanor, 
and upon conviction thereof shall be fined a sum not 
exceeding one hundred dollars, or undergo imprison- 
ment not exceeding three months, or both, in the dis- 
cretion of the court. 

Section 1002. Penalty for Refusing to Aid a Fire- 
warden. — If any fire-warden, being in need of assist- 
ance in the supervision of fire, shall call upon any 
person to render assistance, and such person shall 
refuse without a just and fair excuse he is hereby de- 
clared to be guilty of a misdemeanor, and upon con- 
viction thereof shall be sentenced to pay a fine not 



318 GAME, FISH AND FORESTRY LAWS. 

exceeding one hundred dollars, or undergo imprison- 
ment not exceeding one month, or both, in the dis- 
cretion of the court. 

Section 1003. Penalty for Hindering an Officer in 
his Duties. — A person who shall prevent or obstruct, 
or attempt to prevent or obstruct, a fire warden in the 
performance of a duty required by this act, or the ex- 
ercise of the rights of entry, access, or examination 
by any warden or officer of this bureau, shall be guilty 
of a misdemeanor, and upon conviction thereof shall 
be sentenced to pay a fine not exceeding one hundred 
dollars, or undergo imprisonment not exceeding one 
month, or both, in the discretion of the court. 

Section 1004. Penalty for Non-Abatement or Re- 
moval of Nuisance. — Every person or corporation re- 
fusing to comply with an order of the chief forest fire- 
warden for the abatement of a nuisance, under this 
act, shall be guilty of a misdemeanor, and upon con- 
viction thereof shall be sentenced to pay a fine of not 
more than one hundred dollars, or undergo imprison- 
ment not exceeding one month, or both, in the discre- 
tion of the court. In construing or enforcing the pro- 
visions respecting the abatement of nuisances, under 
this act, the neglect or refusal of any officer, agent, or 
other person acting for or employed by a corporation, 
and having within the scope of his employment the 
supervision of the property complained about, shall in 
every case be deemed to be the neglect or refusal of 
the corporation itself. 

Every day's continuance in the non-abatement of a 
nuisance, after an order by the chief forest fire-warden 
to abate the same, shall be a separate and distinct 
offense. 

If a preliminary injunction be granted or any inter- 
locutory order of supersedeas intervene, no penalty 
shall be incurred on account of non-abatement of such 
nuisnnee for the period of time such injunction or 
sunerspdeas is in force. 

Section 1005. Penalty for Causing Forest Fire.— 
Whenever a fire set by any person destroys property 
belonging to another, it shall be prima facie evidence 
that, the loss occasioned is the result of negligence, and 
that the person responsible, therefor is guilty of a mis- 
demeanor. Upon convictkm, he shall be fined not ex- 
ceeding one thousand dollars for each offense, or 
undergo imprisonment not exceeding six months, or 



GAME, FISH AND FORESTRY LAWS. 319 

both, in the discretion of the court. This section 
shall not apply to the setting of a back fire in good 
faith, to extinguish a fire then burning. 

Section 1006. Every steam and electric railroad 
company, owning or operating lines of railroad within 
the State, which shall neglect or refuse to put into 
effect such reasonable regulations for the prevention 
of forest fire as may be deemed necessary by the chief 
forest fire-warden and approved by the Public Service 
Commission, shall forfeit and pay to the Common- 
wealth of Pennsylvania, for each neglect or refusal, 
the sum of one hundred dollars, to be recovered by an 
action of assumpsit, instituted in the name of the 
Commonwealth by the Attorney General in the court 
of common pleas of Dauphin County, which court 
is hereby clothed with exclusive jurisdiction through- 
out the Commonwealth to hear and determine such 
actions. 

Every day's continuance in refusal to comply with 
such regulations, after a notice from the chief forest 
fire-warden and the lapse of a reasonable length of 
time for compliance therewith, which time shall be 
fixed in the notice, shall be a separate and distinct 
offense. 

Section 1007. Disposition of Fines. — Moneys re- 
ceived from the payment of fines shall be paid to the 
treasurer of the county in which suit is brought, for 
the use of the county, except as otherwise provided in 
this act. 

ARTICLE XI. 

Section 1101. When, in the judgment of the Com- 
missioner of Forestry, he deems it necessary for gen- 
eral forest protection that causes or agencies injurious 
to trees and forests, other than fire, be investigated, 
reported upon, or abated, he is hereby authorized to 
assign to the Bureau of Forest Protection persons 
competent for such work. The salaries of such per- 
sons, so assigned, shall be fixed by the Commissioner 
of Forestry, and shall in no case exceed the ordinary 
and usual amount paid for such services. Salaries 
and expenses shall be paid out of the general forest 
protection appropriation . 



320 



GAME, FISH AND FORESTRY LAWS. 



ARTICLE XII. 

Section 1201. This act shall take effect June first, 
one thousand nine hundred and fifteen, or, if approved 
subsequent to that date, upon date of approval. All 
appropriations for forests fire protection which shall 
be made at the legislative session of one thousand 
nine hundred and fifteen shall be deemed to have been 
appropriated for general forest protection, and shall 
be expended for that purpose by the Department of 
Forestry . 

ARTICLE XIII. 

Repeal. 

Section 1301 All acts or parts of acts inconsistent 
with or supplied by this act are repealed. 
Approved— The 3d of June, A. D. 1915. 

MARTIN G. BRUMBAUGH 



1915. 
815. 



P. L. 



Department 
of Forestry. 

Co-opera- 
tive agree- 
ments for 
the preven- 
tion and sup- 
pression of 
forest fires. 



Monthly 
statements. 



Audit. 



AN ACT 

To permit the Department of Forestry to enter into 
co-operative agreements with county, township, mu- 
nicipal, and private agencies for the prevention and 
suppression of forest fires, and providing a method 
of payment of the expenses arising thereunder. 

Section 1. Be it enacted, &c, That the Department 
of Forestry is authorized to enter into agreements for 
the prevention and suppression of forest fires with 
county, township, municipal, and private agencies 
owning or controlling woodlots, forests, or wild lands, 
or whose activities in whole or in part are directed 
toward the prevention and suppression of forest fires. 
The department is authorized to expend from its gen- 
eral forest fire appropriation, for such protective and 
preventive purposes as it deems effective, a sum of 
money equal in amount to the amount which shall be 
expended by such agencies in accordance with suck 
agreements. All expenditures must first be presented 
to the Department of Forestry in monthly statements, 
in form and manner prescribed for the payment of 
any sum from the forest fire appropriation. Tke 
Commissioner of Forestry shall audit the same and 



GAME, FISK AND FORESTRY LAWS. 



321 



Wnrrnnts. 



Annual 
report. 



transmit them to the Auditor General, who shall then 
draw his warrant for one-half of the amount of ex- 
penditures approved by the Commissioner of Forestry. 

Section 2. That every county, township, munici- 
pal, or private agency working under agreement with 
the department, in accordance with this act, shall 
render to the department, at the end of each calendar 
year, a report setting forth a complete itemized state- 
ment of expenditures made with a view to the pre- 
vention and suppression of forest fires, and stating 
such other information as the department may re- 
quest. The financial statement and facts relating 
thereto shall be accompanied by an affidavit sub- 
scribed to by the person authorized to make the re- 
port. 

Section 3. All acts and parts of acts inconsistent Repeal 
with or supplied by this act are repealed. 

Approved— The 4th day of June, A. D. 1915. 

MARTIN G. BRUMBAUGH. 



AN ACT 

Empowering the Department of Forestry to grant 
rights of way through the State forests. 

Section 1. Be it enacted, &c, That the Department 
of Forestry is hereby empowered to grant rights of 
way through State forests to individuals or corpora- 
tions who may apply therefor, when it shall appear 
to the department that the grant of a right of way 
will not so adversely affect the land as to interfere 
with its usual and orderly administration, and when 
it shall appear that the interests of the Commonwealth 
or of its citizens will be promoted by such grant. 

Section 2. A right of way, under this act, is here- 
by construed to include a passage, haulage, flowage, 
or transmission for any lawful purpose. 

Section 3. All acts or parts of acts inconsistent 
with or supplied by this act are repealed. 

Approved— The 4th day of June, A. D. 1915. 

MARTIN G. BRUMBAUGH. 



1915. P. L. 
816. 

Department 
of Forestry. 

Grant of 
rights of 
way through 
State forests. 



"Right of 
way" de- 
fined. 



Repeal. 



21 



322 



1917, P. L. 

156. 

Department 
of Forestry. 

Purchase of 
surface 
rights to 
land. 



Outstanding 
rights. 



GAME, FISH AND FORESTRY LAWS. 



AN ACT 



Repeal. 



Authorizing the Department of Forestry to purchase 
surface rights to lands, for use as State forests. 

Section 1. Be it enacted, &c, That the Department 
of Forestry is hereby authorized to purchase and re- 
ceive conveyance of surface rights to any lands with- 
in this Commonwealth, for forestry purposes, and to 
hold such lands as State forests. 

Section 2. Where the title to any such land is sub- 
ject to outstanding rights conveying waters, minerals, 
oil, gas, or other valuable deposits, or any privileges 
or reservations whatsoever, the Department of For- 
estry may, in its discretion, accept conveyance of the 
surface rights to such lands, where the administra- 
tion of scientific and practical forestry will not be 
interfered with or made impossible by such outstand- 
ing rights, privileges, or reservations. 

Section 3. All acts or parts of acts inconsistent 
with this act are herebv repealed. 

x\pproved— The 8th day of May, A. D. 1917. 

MARTIN G. BRUMBAUGH. 



. 



AN ACT 



1917, P 

7S1. 



Departmpnt 
of Forestry. 



Leasing of 
small areas 
of land for 
agriculture. 



Permitting the Department of Forestry to lease for 
agricultural purposes small areas of land which, 
from time to time, it may acquire in the purchase 

* of lands for State forests, and which areas shall 
be determined to be more useful for the growing of 
agricultural crops than for forest-trees. 

Section 1. Be it enacted, &c, That, whenever the 
Department of Forestry shall acquire lauds for State 
forest purposes, included in which in the judgment of 
the Department there may be small areas better suited 
for ordinary agriculture than for the growing of for- 
est-trees, the Department may execute leases for such 
agricultural land to those who will plant it in ordi- 
nary agricultural crops and cultivate it, at such rate 
of rental as shall be equitable, and under such condi- 
tions as the Department may deem necessary and use- 
ful, for the purpose of bringing into a state of food- 
plant production such areas as are normally better 
suited for agriculture than for other purposes. 



GAME, FISH AND FORESTRY LAWS 



323 



Section 2. All leases for such agricultural areas 
shall be for a term not exceeding ten years, and may 
be terminated earlier by mutual agreement of the par- 
ties. At the expiration of the term, a renewal of the 
lease may be made for a like term, or a lesser period, 
upon the same or such new conditions as may be mu- 
tually satisfactory. 

Section 3. If more than one person shall apply for 
the same tract, the lease shall be advertised for sale in 
three local county papers, if there be so many, once a 
week for three weeks, and may then be awarded to 
the highest responsible bidder, if said bid is satisfac- 
tory in amount to the Department of Forestry. 

Section 4. At the termination of any such lease the 
lessee shall fcave the privilege of removing from the 
land buildings and fences which may have been placed 
there at his own expense, or the same may be pur- 
chased by the lessor, as a part of the permanent im- 
provement of the tract, upon such terms as may be 
just and mutually satisfactory to the parties. 

Section 5. Where such land must necessarily be re- 
tained in cultivation for Department purposes, or for 
the use of Department employes, the Department may, 
in its judgment, decline to receive bids and execute 
leases for such tracts. 

Approved— The 11th day of July, A. D. 1917. 

MARTIN G. BRUMBAUGH. 



Term of 
leases^ 



Renewals. 



Advertise- 
ment of sale 
of leases. 



Removal of 
buildings and 
fences. 



Certain lands 
not to be 
leased. 



SECTIONS OF THE SCHOOL CODE RELATING 
TO FORESTS AND FORESTRY, AS AMENDED 
BY ACT OF JUNE 4, 1915, P. L. 825. 

Section 2701. The receipts and proceeds derived in 
any way from, or on account of, the forest reserva- 
tions, now or hereafter acquired by this Common- 
wealth, together with all water-powers and water- 
rights belonging to this Commonwealth in the 
streams, rivers, lakes, or other waters of this Com- 
monwealth, and all real estate owned by this Common- 
wealth which is not usod for State or other public 
purposes, all escheated estates in this Commonwealth, 
and all other property or money which shall in any 
way accrue to such fund, whether by Act of Assembly, 
devise, ?.ift. or otherwise, shall belong to and consti- 
tute a fund, to be known and designated as "The 



State 
fund. 



How consti- 
tuted. 



324 



GAME, FISH AND FORESTRY LAWS. 



Proviso. 



Control and 
manage- 
ment. 



Separate 
account. 



State School Fund of Pennsylvania," which is to be 
maintained as herein provided: Provided, however, 
That the forest reservations shall continue to be wholly 
under the control of the State Forest Reservation 
Commission, as now provided by law. 

Section 2702. All real and personal property be- 
longing to the State school fund shall be wholly 
under the control and management of the State Board 
of Education. All receipts derived in any way from, 
or on account of, the State forest reservations, or 
from, or on account of, any real or personal property 
belonging to the State school fund, and all other 
moneys accruing to said fund, shall always be prompt- 
ly paid to the State Treasurer, and kept by him in a 
separate account, subject to the disposal of the State 
Board of Education as herein provided ; Vind the State 
Treasurer shall deposit said funds in the properly 
authorized depositories for State funds, and shall 
add to such funds the interest received from the de- 
positories for the use of the same. All income de- 
rived from any investments of the State school fund 
shall be paid to the State Treasurer, and kept de- 
posited as herein provided in a separate account, sub- 
ject to the order of the State Board of Education. 
The State Treasurer and his bondsmen shall be re- 
sponsible for the safe-keeping of, and accounting for, 
said funds, in the same manner and under the same 
penalties as for the safe-keeping of, and accounting 
for, the other funds of this Commonwealth. 

Approved— The 4th day of June, A. D. 1915. 
\ MARTIN G. BRUMBAUGH. 



GAME, FISH AND FORESTRY LAWS 325 



RULES FOR THE GOVERNMENT OF THE STATE 
FORESTS. 

1. The people of Pennsylvania are invited to avail themselves 
freely of the use of the State Forests as outing grounds for general 
recreation and educational purposes, subject to these rules and the 
statutes of the Commonwealth. 

2. Living trees must not be cut down or injured. 

3. Springs or streams must not be contaminated. 

4. Birds' nests must not be destroyed or molested. 

5. Lighted matches, cigars, cigarettes, or hot ashes from pipes 
must not be thrown upon the ground. 

6. The grazing of horses, cattle, sheep, and hogs within State 
Forests is prohibited, except by special permission. 

7. Placing of advertisements within State Forests is prohibited. 

8. No poison shall be set in a State Forest within one mile of 
any human habitation ; and when set shall be indicated by a con- 
spicuous warning notice that may easily be read by persons ap- 
proaching the locality. 

9. All persons who desire to enjoy the privileges of a State 
Forest, remaining for a time less than a day, and not over night, 
are not regarded as campers and will not be required to procure 
camping permits, but will be governed in all other respects by 
these rules. 

10. All persons who desire to camp within a State Forest must 
first apply to the Commissioner of Forestry. A form of applica- 
tion will be forwarded to the applicant, who must sign and re- 
turn it. If in proper form, in the absence of other objections, a 
permit will be granted. 

11. No person will be permitted to erect a camp who has not 
promised in writing to obey the camping rules and has not received 
a camping permit. Every camping party, before selecting a camp 
site or pitching a camp, must report to a forest officer. 

12. No camp may be erected within one half mile of any game 
refuge, nor within one-eighth of a mile of another camp. 

13. No camping party shall consist of more than 10 persons at 
one time. Permits will be granted for a period of three weeks 
only . 

14. Open camp fires must not be made, except in a hole or 
pit encircled by the earth taken out. All other fires are prohibited 
except those contained in a proper and safe fire holding receptacle. 

15. Open camp fires must be extinguished before the last mem- 
ber of the party leaves the locality. All fires must be carefully 
guardrr! .it nisrht. 

\ 



326 GAME, FISH AND FORESTRY LAWS 



16. Dead and down timber may be used for camp fires, and 
may be procured under the direction of a forest officer. 

17. Every person receiving a camping permit is required to re- 
port to the Commissioner of Forestry any violation of law or of 
the rules for the government of State Forests, coming under his 
observation . 

18. Permanent camps may be established only in accordance 
with the law permitting them and the special rules adopted by 
the Department for their regulation and control. 

19. Persons who violate the law or these rules may be denied 
future privileges within the State Forests. 

20. Forest officers are required to remove immediately from 
State Forests all persons who violate the law or these rules. 

21. Forest officers, without first procuring a warrant, are 
vested by law with power to arrest on view all persons detected 
by them in the act of trespassing upon forest or timber lands 
within the Commonwealth, under such circumstances as to war- 
rant the reasonable suspicion that such persons have committed, 
are committing, or are about to commit an offense against the 
laws now enacted or hereafter to be enacted for the protection of 
forests and timber lands. They are likewise vested with similar 
powers of arrest in case of a violation of these rules. 

Adopted March 5, 1915. 

COMMISSIONER OF FORESTRY. 



.nd 



GAME, FISH AND FORESTRY LAWS. 327 



RULES FOR THE GOVERNMENT OF PERMANENT CAMP 
LEASEHOLDS. 

1. The tract leased shall not be used by the lessee to conduct 
a business of any character, nor for the sale of commodities, ex- 
cept where the Department shall deem such business necessary 
for the convenience and accommodation of the community and 
then only after the making of a proper application to the De- 
partment for special permission to conduct the same, provided the 
Department approve the application and direct that the lessee may 
conduct such business. 

2. The lessee shall devote the tract leased to the primary pur- 
pose described in the Act of Assembly, and shall not use the same 
nor permit any other person to use the same or to devote such 
tract to a use which may bring discredit and unfavorable public 
criticism upon the Department. Of the propriety of use the De- 
partment is hereby made the sole judge. 

3. The lessee must prevent the pollution of springs and streams 
which may be upon the leased tract or nearby within the State 
Forest, or on private land, and must keep and maintain the leased 
area in a sanitary and sightly condition and comply with all the 
health inspection laws of the Commonwealth of Pennsylvania. 

4. The lessee and all other persons who may be entitled to par- 
ticipate in the use of said tract or may be invited as guests to 
participate with the lessee in the use of the premises, must respect 
and obey all laws now made or which hereafter may be made re- 
lating to forest, fish, and game. The careless use of fire upon 
said tract or in any buildings which may be thereon erected, and 
the wanton discharge of fire arms therein or thereon, are pro- 
hibited. Fire must not be permitted to run from the leased area 
out into the forest, and all chimneys on any buildings which may 
be erected thereon shall be so constructed as to minimize the 
d&ttger of forest fires from sparks issuing therefrom. The building 
of bonfires is forbidden. The use of fire works and the sending 
up of rockets and fire or toy balloons is prohibited. Burning 
matches or hot ashes from pipes must not be thrown about in a 
careless manner or among inflammable material. 

5. The right of ingress to and egress from the leased area and 
the privilege to enter thereon at all times and as often as may 
be desirable on the part of the lessee or by those authorized by 
him, for all proper purposes, is hereby assured to the lessee. 

6. The gathering of flowers from the wild herbaceous plants 
of the goods to be used for ordinary decorative purposes is not 
objectionable, but should be exercised by the lessee and those 



328 GAME, FISH AND FORESTRY LAWS. 

occupying the premises with him in such moderation that wild 
plants may not become extinct in the neighborhood. The destruc- 
tion of growing trees or ornamental shrubbery or any injury there- 
to is prohibited, except the same be done with the permission of 
the Department. 

7. The Department reserves the right to fix the location of any 
building which the lessee may desire to erect upon the leased area, 
and to determine the minimum value of such building. All plans 
and specifications for the erection of buildings shall, at the call 
of the Department, be submitted for criticism and inspection and 
be accompanied by a certificate of the architect or builder, as to 
the minimum cost of such building. 

8. Should the lessee desire simply to erect tents and tent floors 
instead of building a more permanent kind of structure, the same 
shall be deemed to come within the purview of the act and within 
the authority granted by this lease. 

9. Every lessee shall have the privilege of using, at an agreed 
price, dead and down wood from the nearby State Forest, which 
wood is to be used by him only for fire and fuel purposes, and to 
be procured by him only after permission has been given by an 
officer of the Department. 

10. Whenever violations of the laws of the Commonwealth or 
of the rules of the Department relating to the use of the State 
Forests shall come to the notice of the lessee, he hereby agrees 
to give information of the same to the Department. The lessee 
likewise agrees to abide by all the rules now made for the govern- 
ment of the State Forests or which may be adopted in the future. 

11. The lessee may make application for a renewal of this lease 
by filing with the Department an application in writing three (3) 
months prior to the expiration of the term for which it is granted : 
but the Department will exercise its discretion whether or not the 
lease shall be renewed; and if renewed, whether on the samp or 
upon different terms ; and if in the judgment of the Department it 
be deemed necessary or expedient that a renewal of the lease be 
refused nothing herein contained shall be construed to limit the 
right of the Department so to do. No assignment of this lease, nor 
subletting of premises, shall be made by the lessee to any third 
person, except the same shall first be approved by the Depart- 
ment. 

12. Should the lessee violate any of the conditions contained in 
this lease or any of the general laws of the Commonwealth or the 
rules of the Department for the government of the State Forest, 
the Department may upon proper proof thereof rescind and vacate 
this lease and require the lessee to remove at once from the leased 
land ; and all buildings or other structures thereon erected by the 
lessee shall become the property of the Commonwealth if the lessee 
shall not within a reasonable time, to be fixed by the Department, 
remove the same therefrom ; but in every such case the Department 



GAME, FISH AND FORESTRY LAWS. 329 

will receive the application of the lessee or of third person for 
the approval of an assignment of the lease to a third person for 
the remainder of the term and of the sale of any buildings on the 
leased area by the lessee to the intended assignee of the lease. 

13. For the sake of the protection of the State Forest as well 
as for the protection of any buildings which may be erected upon 
the leased land, the lessee is required to assist in the extinguish- 
ing of all forest fires which may originate within a reasonable 
distance of the leased land, and to use all reasonable means to 
discover where and how the fire originated and report such dis- 
coveries to the Department, provided, however, that at the time of 
the fire the lessee be present occupying the leased premises. 

14. The Department reserves the right to inspect the leased 
premises at all times, in order to determine whether this lease 
is being fully complied with. 

15. The forester representing the Department on the reserve 
wherein the leased premises are situate, shall be supplied with a 
duplicate key to every cottage or other building erected on the 
leased land, as aforesaid, in order that in the absence of the lessee 
or his family and guests the premises may be inspected from time 
to time to see that they remain in good order and condition and 
should the forester or any of his employes at any time be overtaken 
by storm or other cause making it necessary that they be accorded 
shelter while on that part of the reserve wherein the leased prem- 
ises are situate, the privilege to use said cottage or other building 
erected thereon for such emergency purposes is reserved to the 
Department; it being understood and agreed that such use will be 
temporary and will be exercised only in case of emergency, and of 
which the forester shall be the sole judge. 

16. Under the direction of the Department the lessee may at his 
own expense repair old roads or construct new ones to the site 
of the leased premises so as to make the locality more accessible. 
He may likewise at his own expense and under the same direction 
erect telephone lines to connect his cottage or other buildings with 
other lines in the neighborhood, and for this purpose the Depart 
ment will furnish the necessary poles provided they may be con- 
veniently had in the locality where the line is to be' built ; but the 
cutting, removal, and planting of the same and the stringing of the 
wires thereon must be done by the lessee and at his own expense. 
The Department shall have the use of all such telephones on the 
leased premises and without charge, except in case of a toll or a 
long distance call. 

17. The hitching of horses to trees on the leased area is pro- 
hibited. For hitching purposes the lessee is requested to plant 
proper posts or otherwise provide for this need. 

18. Under the direction of the Department it will be the duty 
of the lessee to clear the leased premises of decayed wood, briars, 
weeds, or other growth of worthless stuff, and of such trees as are 



330 



GAME, FISH AND FORESTRY LAWS 



not required for "nurse" trees, and to keep the premises in a con- 
dition to prevent, so far as possible, any spread of or invasion by 
fire. 

19. The Department being desirous of promoting the use of the 
State Forests for general recreation and outing purposes, it will 
at all times be open to receive suggestions from the lessee with 
respect to such use of the lands, and will from time to time tender 
to the lessee and his family and guests such other assistance not 
herein specifically enumerated as will be proper for the Depart- 
ment to render, in order to promote the purposes for which the 
Act of Assembly was enacted, as well as the comfort and con- 
venience of the lessee. 



GAME, FISH AND FORESTRY LAWS. 331 



FACTS RELATING TO PENNSYLVANIA STATE FORESTS. 

Because of the value of forests to the Commonwealth, the State 
authorized the purchase of mountain lands in 1897, for the es- 
tablishment of State Forests. 

The area of State Forests to date is 1,014,419 acres located in 
the following 26 counties: Adams, Bedford, Cameron, Centre, 
Clearfield, Clinton, Cumberland, Dauphin, Elk, Franklin, Fulton, 
Huntingdon, Juniata, Lackawanna, Lycoming, Mifflin, Monroe, 
Perry, Pike, Potter, Snyder, Somerset, Tioga, Union, Westmore- 
land, and Wyoming. 

The cost of this vast domain is $2,315,301.64, or an averaero of 
$2.28 per acre. 

The State Forest Academy was established in 1903 to train young 
men in practical forestry, to care for the State Forests. Ninety- 
one foresters have been graduated from this institution. 

The Department of Forestry now employes sixty-eight foresters 
and seventy-seven rangers. More than one-third of the foresters, 
however, have enlisted in the United States Army. This Depart- 
ment has given to the army a larger proportion of its employes 
than any other branch of the State Government. 

Over 5,500 miles of roads, trails, fire lanes and boundary lines 
have been built, opened, or repaired. Over 300 miles of tele- 
phone lines have been built. More than 100 fire observation tow- 
ers have been constructed, but because of insufficient funds only 
seven of them are of steel. 

One hundred and fifty-four buildings have been erected for the 
housing of foresters, rangers, and equipment. 

Twelve hundred springs have been cleaned, walled, and made 
accessible . 

A million fish have been planted in State Forest streams. 

Three thousand five hundred hand boards have been posted 
for guidance to hunters, campers, and other visitors to the State 
Forests . 

More than 250 improvement cuttings have been made on the 
State Forests. % 

Four large tree nurseries and twenty small ones are in operation 
with a combined capacity of over 10,000,000 trees a year. 

Forest tree seedlings for mforesting are given to private in- 
dividuals without charge. Over 3,250,000 trees have been sriven 
away in the last two years. 

Over 25,000.000 forest tree seedlings have been planted on about 
14.000 acres of the State Forests 

Mineral deposits are being developed rapidly. 



332 GAME, FISH AND FORESTRY LAWS. 

The sale of material from the State Forests has yielded over 
$125,000, which has been set aside for "The State School Fund of 
Pennsylvania." All future receipts from State Forests will be 
placed in the School Fund. 

The first Commissioner of Forestry established the first State 
tuberculosis sanatorium on the Mont Alto Forests It is now 
one of the largest in America. 

Fifteen Game Refuges are established on State Forests. 

Campers, hunters, and fishermen are invited upon State land. 
Camping permits are issued free of charge. 

Camp sites may be leased at a nominal price for a period of ten 
years . 

State Forests afford employment where work is scarce. 

A demand for the raw products of State Forests is being de- 
veloped and partially met. 

Cities, boroughs, and villages, with a total population of over 
a quarter of a million draw their water supplies directly or in- 
directly from water sheds in State Forests. 

The flow and purity of streams which head within them, are 
regulated and conserved. 

Road districts and school districts receive in lieu of taxes two 
cents per acre for State land situate within them. 

The total cost of State forestry work, excluding land purchases, 
amounts to about $2.25 per acre for the area now owned. 

The State Forests represent an asset of at least $6,000,000, and 
their benefits will multiply in geometrical ratio as the Legislature 
permits a business-like development. 






INDEX TO FORESTRY LAWS 



A. 

Page. 

Acts, certain, prohibited in forest or timber land. 255-256-279-291-292-295-317 

Academy, Forest, 273 

Advertisement by county commissioners, 258 

Aricultural areas in State forests may be leased, 322 

Annual charge on land for school purposes 274-291 

Annual charge on land under auxiliary forestry reserve act, 301-304 

Appeal 2S3-287-303 

Application for permit to camp, 325 

Appalachian Reserve, may be established in Pennsylvania, 293 

Appointment of Commissioner of Forestry, 263 

Appointment of forest wardens, 270-305-310 

Appointment of fire officers, 313 

Appointment of detectives 265-267 

Appia isers 287-302 

Arrest 261-270-315-326 

Arrest, warrant for 270 

Arrest, without warrant 261-270-315-326 

Assessment and taxation under Forestry Reserve Act , 301 

Assessors, duties of, 257 

Assistance in extinguishing fire, compelling 315 

Attorneys may be employed, 265-267 

Auditor General, certain duties of, 262-321 

Auxiliary forest reserve 298-301-304 

B. 

Bond, State Forestry Commissioner, 267 

Boundary trees, removal of, 256 

Borough officers, powers of, 268-276 

Boroughs, right to impound water, 275 

Boroughs, right to establish forests, 285 

Bureau of Forest Protection, 309 

Bureau of Forest Protection, powers and duties of, 310 

C. 

Camp on State lands, rules. 325 

Cattle, pasturing of, rules," 325 

City forests may be established, 285 

Commission, State Forestry Reservation, 263 

Commissioners, county, certain duties of 258-262-299-301-306 

Commissioners of Forestry, appointment of 263 

Commonwealth authorized to purchase lands for taxes, 258 

Compensation of fire wardens, 313-314 

Compulsory Assistance in extinguishing fire 318 

(333) 



334 INDEX. 

Page. 

Condemnation by United States, 294 

Constables, powers and duties of, 261 

Convictions before court 256-280-281-283-292-295-296-297-317-318-319 

Convictions before justice, 269-283-295 

Co-operative agreements for preventing fire. 320 

County Commissioners, duties of, 258-262-299-301-306 

County Commissioners to offer lands to department, 306 

County treasurer, duties of, 258 

County may forfeit State aid 268 

Cutting or mutilating growing timber 256-292-296-325 

Cutting timber trees by tenants in common, 256 

Cutting of timber under Forest Reserve Act, ( 264 

Cutting of timber under Auxiliary Forest Reserve Act 300-302 



Damage double and treble , 296 

Damage to trees by electric light or telephone companies, 257 

Damage by cutting or injuring timber without owner's consent 292-296 

Debris must be removed from oil or gas well lands, 280-281 

Defacing signs or posters on State lands, 292 

Department of Forestry, 263-305 

Detectives may be appointed by Department of Forestry, 265-267 

Detectives shall be appointed by county commissioners 262 

District fire wardens 312 

District Foresters 305 



Electric light companies, liability of, for damage to trees, 257 

Employes of the Commissioner of Forestry, powers on State lands, 270 

Ex-officio fire wardens, 314 

Estrepement, writ of 256 

Examination of lands under auxiliary forestry reserve act, 298 

Expenses of extinguishing fires, how paid, 317 



Failure to care for trees under auxiliary reserve act, 299 

Fines, 262U269-278-2S0-281-283-292-295-296-317-318-319 

Fire starting on one's own land, or land of another 279-291-295-316 

Fire not to be lighted on woodlands or marshes , 279-291-295 

Fire not to be kindled on forest reserves, 291-325-327 

Fire warden, chief forest 310 

Fire warden , ex-officio, 314 

Fire warden, duties and powers of 310-312-313-314-315 

Firewarden, penalties for foiling in duty, 317 

Fires, extinguishment of 279-2S1-309-310-311-312-313-314-315-316 

Fires, co-operative agreements respecting, 320 

Firing the woods, penalties for, 2S0-281-292-296 

Floods , 260 

Foresters, district, 305 

Forestry Reservation Commission 263 

Forests, municipal, may be established, 284 

Forest officers, duties of, 265-270-271-305-309-310-312-313-314-315 

Forest reserves, exempt from taxation 266 

Forest reserve, fixed charges on. 274-290-304-323 

Forest reserve, right of way through, 321 



INDEX. 335 

Page. 

Forest reserve, waters on 275 

Forest officers, duties extended 309 

Forest protection code 309 

Forest academy 273 

Fruit trees along roadside, 295 



G. 

Gas well lands, preventing fire on, 279 

Governor, duties of, in certain cases 55-263-266 



H. 

Harvesting of timber under Auxiliary Forest Reserve Act, 302 

Harvesting timber under general forest act, 264 

Highways bordering on or within reserves 266-272 

Highways, trees along, protection of, 269-295 

Hindering a forest officer, 318 



Injury to or mutilation of trees 269-292-295-296 

Intentional firing of forests 291-295 






Jurisdiction of constables 261 

Justice of the peace 254-269-283-295 

K. 

Kindling fires on State reserves, 291-325-327 

Kindling fires on one's own land, or on lands of another 279-291-295-316 

L. 

Land, power of Forestry Commission to purchase, 263-322 

Land, county commissioners to offer. 306 

Land to be under control of Department of Forestry 259-263-322 

Land of the State exempt from taxation 266 

Land liable to fixed charge, 274-290-304-323 

Land, title to vacant, 288 

Land in forest reserves under charge of Commissioner of Forestry, — 265 

Land, not subject to warrant or survey 266 

Land, purchase price enlarged 309 

Landmarks 256 

Lease of agricultural areas in State forests 322 

Lease of mineral rights in forests, 264 

Leases, permanent camping, '. 297 

Liability, personal, of fire warden to pay costs of extinguishing fires, 317 
Lien under Auxiliary Forestry Reserve Act 302-303 



336 INDEX. 

M. 

Magistrate, duties of 280-282-295 

Marketing of timber under Forestry Reserve Act, "."... 264 

Maximum price to be paid for land, \\\ 309 

Minerals oh State lands, .'.'.' £64 

Minerals under Auxiliary Forestry Reserve Act, 301 

Misdemeanor 256-283-292-296-297-317-318 

Municipal forests may be established, 285 

Municipalities, right to impound water, 275 

Mutilation of growing timber, 257-269-292-296-325 

Mutilation of posters or signs, ." 292 

N. 

National forest reserve, 293 

Navigable rivers, warrants for beds of, 289 

Notice, trespass. (See Index to Game Laws). 

Notice to State Forestry Reserve Commission, to classify lands 298 



Office of the Commissioner of Forestry, 265 

Officers refusing or neglecting to do their duty, 317 

Oil well lands, precautions to prevent fire on, 27* 

Owners in common, rights of 256 

Owners, no compensation for, extinguishing fire on own lands, 316 

Owners, rights of, under Auxiliary Forestry Reserve Act 29S-300 



Pasturing of oattle, 325 

Penalty for refusing assistance in extinguishing fire, 317 

Permanent leases for camping. 297 

Permit to camp, 325 

Persons assisting in extinguishing fire shall be paid, 316 

Pipe line. (See Rights of Way). 

Powers of the Commissioner of Forestry 263-264-265-266-268-271-275-310 

Powers of forest officers 263-265-268-270-305-309-310-312-313-314-315 

President of Forestry Commission, 265 

Protection of the State Forest Reserves, ..265-270-291-295-309-310-311 

Protection of trees and woodlands, 295 

Public roads in or along forest reserves 266-272 

Purchase of land by the Commonwealth, 258-263-306-309 

Pnrehase of land, money for, how paid , 272 

R. 

Raihroad companies, duties of respecting fire 281-316 

Record to be kept of lands purchased by the Commissioner of Forestry, 260 

Redemption of land, 260 

Refusing, officers, to do their duty 317 

Removing or destroying land marks 256 

Replanting, 300 

Reserve, fixed charges on 274-290-304-323 

Revenue fo* school and road purposes 273-290 

Rights of way through State lands 321 

Rights of owners under Auxiliary Forestry Reserve Act, 298-300 



INDEX. 337 

Page. 

River>, navigable, warrant for beds of .- 289 

Roads in township where forestry reserves are located , 273 

Roads -n fores! reserves, . • 266 

Rules of Forestry Commission, power to make 264 

Rules for government of State Forests 825 

Rules, punishment for violating 292 

S. 

Sale of lands under Auxiliary Forestry Reserve Act, 200 

Schools, fixed charges for i.73-290 

Schools, tax for, under Auxiliary Forestry Reserve Act, 304 

School of Forestry 273 

Seedling trees, growth and distribution of, 308 

getting Are to woodlands, 279-291-285 

Shade trees, planting of. by boroughs, cities and township?, 275 

trees along roadsides 295 

Shade Tree Commission, 275 

Spark arresters, engines to be provided with, 281 

State Forest Academy, ... 273 

State forest lands, public roads on 266 

State forest lands subject to fixed charge, 274- 290-304-323 

VUate forest lands not subject to taxation 266 

State forest lands, purchase of surface rights for, 322 

State school fund 323 

State Treasurer, duties of 262-272 

Street railways on forest reserves 271-319 

Surface rights, purchase of, 322 

T. 

Tax under Forestry Reserve Act 303 

Telegraph or telephone companies, liability of 257 

Tearing or mutilating posters or signs on State lands 292 

Tenants in common, rights of 266 

Timber cutting without owner's consent, 256-292-296 

Timber land to be returned separately for assessment 257 

Timber cutting titl" to, not to pass under certain conditions 256-296 

Timber from State reserves may be sold by Commission 264 

Timber, under Auxiliary Reserve Act 300 

Tit'e of land to vest in Commonwealth, 260-266 

Title to vacant land. 288 

Township forests may be established, 286 

Town officials, duties in certain cases, 268-276-285 

Tree seedlings, growth and distribution of 308 

Trees, damage of, 257-292-296-325 

Trees, boroughs may require planting of 268 

Trees growing along roadside 268-275-295 

Trees, malicious removal or destruction of, 2~j6- 292-296-325 

7 -«es, planting along roadside 268-275-281-295 

Trees, plantim, of, by Shade Tree Commission ; 275 

Trees and woodlands, protection of, 295 

U. 

United States may establish reserves in Pennsylvania 293 

Unseated land, 257 



338 INDEX. 

V. 

Page. 

Vacant land, title to, 2S8 

Viewers to appraise vacant land, 287 

Viewers to appraise damage, 258 

W. 

Wanton or wilful starting of forest fires, 279-291-295-316 

Wardens, fire, duties and powers of, 310-312-313-314-316 

Wardens or forest officers, duties and powers of 265-270-271-305-309-310-312- 

313-314-315 

Warrants of arrest. 270 

Warrants for trespass. (See Index to Game Laws). 

Wilful or careless destruction or mutilation of trees and timber, 256-292-296-325 

Writ, of estrepement, how obtained 256 

Woods, woodlands or marshes, wilful setting fire to, 279-291-295 

Woodlands, protection of, 295 



LIBRARY OF CONGRESS 




